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 Milford, 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 is usually whoever stands to acquire 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 a will in Milford, 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 typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), New Hampshire has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.

If the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Milford, New Hampshire court to be the executor.

Whoever is assigned to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Milford, New Hampshire 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 reputable Milford, New Hampshire attorney, the process almost always goes pretty smoothly.