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 person who died made and executed a valid will in Hamburg, Pennsylvania, the process of estate administration normally follows the procedures and instructions laid out in the will.

Commonly, the will appoints an executor whose job it is to oversee the administration of the will.

The executor typically has at least some work cut out for them. This evidently raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If the will in Hamburg, Pennsylvania 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.

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"), Pennsylvania 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 usually be appointed.

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

Whoever is assigned to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Hamburg, Pennsylvania 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 seasoned Hamburg, Pennsylvania attorney, the process almost always goes pretty smoothly.