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 typically 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 decedent had the foresight to draft and execute a will in Richland County, South Carolina, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.
Frequently, the will appoints an executor whose job it is to oversee the administration of the will.
The executor is frequently 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 rapidly as possible.
What if The Will Does Not Name an Executor?
If a Richland County, South Carolina will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.
This is most frequently 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 control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
If no executor is named in the will, anyone with a share in the will can apply to the court in Richland County, South Carolina to be the executor of the estate, if they wish.
Whoever is assigned 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 Richland County, 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 reliable Richland County, South Carolina attorney, the process almost always goes pretty smoothly.