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

Usually, 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 executor is usually the person who stands to inherit the most money or property from the will, since this personn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If a Montgomery County, Pennsylvania will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most often the person who stands to gain the most from the will, or who would inherit the most under Pennsylvania'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 usually distributes the property to the closest living relatives of the decedent, assuming they can be located.

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

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 Montgomery County, 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 good Montgomery County, Pennsylvania attorney, the process almost always goes pretty smoothly.