When a person dies, a process identified as "estate administration" must be carried out. This refers to all the processes which must be followed in distributing a person's estate to their heirs or devisees.
If the person who died made and executed a valid will in Pineville, North Carolina, the process of estate administration typically follows the procedures and instructions laid out in the will.
Frequently, the will appoints an executor whose job it is to oversee the administration of the will.
The executor is typically whoever stands to acquire the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.
What if The Will Does Not Name an Executor?
If a will in Pineville, North Carolina is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.
This is most frequently the person who would inherit most under the will, or under the intestacy scheme of North Carolina. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
If no executor is named in the will, anyone with a share in the will can apply to the court in Pineville, North Carolina to be the executor of the estate, if they wish.
Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).
Can a Pineville, North Carolina Estate Administration Attorney Help?
If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an efficient Pineville, North Carolina lawyer who can help you navigate this sometimes-convoluted process.