When a person dies, a process known 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 Brookline, New Hampshire, the process of estate administration usually follows the procedures and instructions laid out in the will.

Most commonly, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If a will in Brookline, New Hampshire does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is most often the person who would inherit most under the will, or under the intestacy scheme of New Hampshire. 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 determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Brookline, New Hampshire court to be assigned 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 safeguard the estate's interests as they would their own.

Can a Brookline, New Hampshire Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. A Brookline, New Hampshire attorney would be very helpful in such a situation.