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 Napoleon, Ohio, the process will play out according to the instructions specified in the will.

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

The executor is often 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 rapidly as possible.

What if The Will Does Not Name an Executor?

If the will in Napoleon, 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.

Usually, 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. Usually, 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 share in the will can apply to the court in Napoleon, Ohio to be the executor of the estate, if they wish.

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 safeguard the estate's interests as they would their own.

Can a Napoleon, 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 reputable Napoleon, Ohio attorney, the process almost always goes pretty smoothly.