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 has made a will in Avon, Ohio, the process will play out according to the instructions specified in the will.

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 done.

What if The Will Does Not Name an Executor?

If the will in Avon, Ohio does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

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"), Ohio 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 no executor is named in the will, anyone with a share in the will can apply to the court in Avon, Ohio to be the executor of the estate, if they wish.

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 Avon, Ohio Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an experienced Avon, Ohio lawyer who can help you navigate this sometimes-perplexing process.