When a person dies, a process identified 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 has made a will in Mayfield Heights, Ohio, the process will play out according to the instructions stated in the will.
Wills normally name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.
The executor is frequently the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.
What if The Will Does Not Name an Executor?
If a will in Mayfield Heights, Ohio is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
Typically, 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. Typically, 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.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Mayfield Heights, Ohio to be the executor of the estate, if they wish.
Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).
Can a Mayfield Heights, Ohio Estate Administration Attorney Help?
If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a knowledgeable Mayfield Heights, Ohio wills and trusts attorney.