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 Summerfield, 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 Summerfield, 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.
Normally, the person chosen to be executor is the one who would benefit most under the will, or under North Carolina's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Normally, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Summerfield, North Carolina to be the executor of the estate, if they wish.
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 Summerfield, North Carolina Estate Administration Attorney Help?
Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a brilliant Summerfield, North Carolina attorney, the process almost always goes pretty smoothly.