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 Hamilton County, Ohio, the process will play out according to the instructions mentioned in the will.

Wills usually name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.

The executor is normally the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If a will in Hamilton County, Ohio is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under Ohio'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. Normally, 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 Hamilton County, Ohio 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 Hamilton County, Ohio Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished Hamilton County, Ohio lawyer can make this process a great deal easier.