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 Greenville County, 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 a will in Greenville County, South Carolina is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.
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).
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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Greenville County, South Carolina court to be assigned 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 Greenville County, South Carolina Estate Administration Attorney Help?
If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A Greenville County, South Carolina attorney would be extremely helpful in such a situation.