When a person dies, a process recognized 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 Clayton, Ohio, the process will play out according to the instructions mentioned in the will.

The decedent normally 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 is normally 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 Clayton, Ohio is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

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

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

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 Clayton, Ohio 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 seasoned Clayton, Ohio attorney, the process almost always goes pretty smoothly.