When a person dies, a process known 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 decedent wrote a will before his or her death in Ely, Nevada, the process will be carried out according to the directives contained in the will, assuming they are valid 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 ensure 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 finished.

What if The Will Does Not Name an Executor?

If an Ely, Nevada 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 most often the person who would inherit most under the will, or under the intestacy scheme of Nevada. 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.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Ely, Nevada court.

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 Ely, Nevada 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. An Ely, Nevada attorney would be very helpful in such a situation.