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 normally 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 Scappoose Oregon will normally be carried out according to the instructions in the will.

Normally, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a Scappoose, Oregon will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), Oregon has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

If no executor is named in the will, anyone with a stake in the will can apply to the court in Scappoose, Oregon 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 protect the estate's interests as they would their own.

Can a Scappoose, Oregon Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an accomplished Scappoose, Oregon lawyer who can help you navigate this sometimes-complicated process.