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 Scottsbluff, Nebraska, the process of estate administration typically follows the procedures and instructions laid out in the will.
Most frequently, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.
The executor is typically the person who stands to inherit the most money or property from the will, since this personn will have the greatest incentive to see the probate and administration process to completion.
What if The Will Does Not Name an Executor?
If a Scottsbluff, Nebraska will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.
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"), Nebraska 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.
If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Scottsbluff, Nebraska court to be the executor.
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 Scottsbluff, Nebraska Estate Administration Attorney Help?
If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Scottsbluff, Nebraska attorney would be quite helpful in such a situation.