Estate administration is the procedure 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 regulating that situation, as well.

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

Typically, wills assign 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 typically has some work ahead of them. To ensure that they truly follow through on their commitments, 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 Seaside, Oregon will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.

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

If no executor is named in the will, anyone with a share in the will can apply to the court in Seaside, Oregon to be the executor of the estate, if they wish.

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 Seaside, Oregon 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 reliable Seaside, Oregon attorney, the process almost always goes pretty smoothly.