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 typically 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 Shenandoah, Pennsylvania, the process of estate administration typically follows the procedures and instructions laid out in the will.

Typically, 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly follow through on their obligations, 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 will in Shenandoah, Pennsylvania does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

This is most frequently 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 typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Shenandoah, Pennsylvania court to be appointed executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Shenandoah, Pennsylvania Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Shenandoah, Pennsylvania lawyer can make this process a great deal easier.