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 decedent wrote a will before his or her death in Santa Fe County, New Mexico, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

The decedent usually names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.

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 finalized.

What if The Will Does Not Name an Executor?

If a will in Santa Fe County, New Mexico 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.

Usually, the person chosen to be executor is the one who would benefit most under the will, or under New Mexico'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. Usually, 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.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Santa Fe County, New Mexico court.

Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Santa Fe County, New Mexico 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 Santa Fe County, New Mexico attorney would be very helpful in such a situation.