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

Most often, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor is commonly 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 a will in Wilsonville, Oregon does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under Oregon'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. Normally, 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 the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Wilsonville, Oregon court to be the executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Wilsonville, 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 Wilsonville, Oregon lawyer who can help you navigate this sometimes-difficult process.