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 decedent had the foresight to draft and execute a will in Mauldin, South Carolina, the estate is usually administered in a way that follows the instructions the will lays out, as closely as possible.

Commonly, the will appoints an executor whose job it is to oversee the administration of the will.

The executor is commonly the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.

What if The Will Does Not Name an Executor?

If a will in Mauldin, 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.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under South Carolina's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Normally, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Mauldin, South Carolina can apply to the court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Mauldin, South Carolina Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished Mauldin, South Carolina lawyer can make this process a great deal easier.