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 normally 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 Lake City, 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 ensure that the estate is properly administered.

The executor is normally whoever stands to obtain 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 Lake City, South Carolina is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is most commonly 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 govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Lake City, South Carolina court.

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 Lake City, 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 Lake City, South Carolina attorney would be extremely helpful in such a situation.