When a person dies, a process recognized 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 Stallings, North Carolina, the process of estate administration normally follows the procedures and instructions laid out in the will.

Commonly, the will appoints an executor whose job it is to oversee the administration of the will.

The person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a Stallings, North Carolina will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most commonly the person who stands to gain the most from the will, or who would inherit the most under North Carolina's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It normally distributes the property to the closest living relatives of the decedent, assuming they can be located.

If no executor is named in the will, anyone with a stake in the will can apply to the court in Stallings, North Carolina to be the executor of the estate, if they wish.

Once an executor is appointed (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Stallings, 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 accomplished Stallings, North Carolina lawyer who can help you navigate this sometimes-convoluted process.