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 Edgefield, South Carolina, the process of estate administration normally follows the procedures and instructions laid out in the will.
Most often, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.
The executor is normally whoever stands to acquire 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 an Edgefield, South Carolina will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.
Normally, this will be the person who has the most to receive from the will, or who would gain the most under South Carolina'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).
If the will doesn't name anyone as executor, or the individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Edgefield, South Carolina can apply to the court to be the executor.
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 safeguard the estate's interests as they would their own.
Can a Edgefield, South Carolina 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 Edgefield, South Carolina lawyer who can help you navigate this sometimes-complicated process.