Estate administration is the process during which the estate of a person who has recently died is maintained and divided among his or her heirs or beneficiaries. This typically happens according to the instructions in a will, but in case there is no will, there are laws governing that situation, as well.

If the decedent (the person who died) left a will, the process of estate administration in Claremore Oklahoma will typically be carried out according to the instructions in the will.

The decedent typically 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 typically whoever stands to obtain 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 the will in Claremore, Oklahoma does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

This is most frequently the person who stands to gain the most from the will, or who would inherit the most under Oklahoma's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Claremore, Oklahoma court.

Once an executor is appointed (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 protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Claremore, Oklahoma Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Claremore, Oklahoma attorney would be quite helpful in such a situation.