When a person dies, a process identified as "estate administration" must be carried out. This refers to all the procedures 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 Sanford, 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 obtain 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 the will in Sanford, North Carolina does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), North Carolina has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will normally be appointed.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Sanford, North Carolina court to be appointed executor.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.

Can a Sanford, North Carolina Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a knowledgeable Sanford, North Carolina wills and trusts attorney.