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 Anderson County, South Carolina, the process of estate administration typically follows the procedures and instructions laid out in the will.

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

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to ensure 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 completed.

What if The Will Does Not Name an Executor?

If an Anderson County, South Carolina will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of South Carolina. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

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

Whoever is appointed 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 Anderson County, South Carolina 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 knowledgeable Anderson County, South Carolina attorney, the process almost always goes pretty smoothly.