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 usually 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 Hilton Head Island, South Carolina, the process of estate administration usually follows the procedures and instructions laid out in the will.

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

The executor is usually 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 Hilton Head Island, 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.

This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), South Carolina has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.

If no executor is named in the will, anyone with a share in the will can apply to the court in Hilton Head Island, South Carolina to be the executor of the estate, if they wish.

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 Hilton Head Island, 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 reputable Hilton Head Island, South Carolina attorney, the process almost always goes pretty smoothly.