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 person who died made and executed a valid will in Rochester, Pennsylvania, the process of estate administration normally follows the procedures and instructions laid out 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 executor is normally whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.
What if The Will Does Not Name an Executor?
If the will in Rochester, Pennsylvania does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.
Normally, this will be the person who has the most to receive from the will, or who would gain the most under Pennsylvania's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).
When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Rochester, Pennsylvania court.
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 Rochester, Pennsylvania 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 Rochester, Pennsylvania lawyer who can help you navigate this sometimes-difficult process.