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 Spartanburg, 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 the will in Spartanburg, South Carolina does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.
Typically, this will be the person who has the most to acquire 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 Spartanburg, 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 Spartanburg, 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 confront legal or tax issues with which you are unfamiliar. A Spartanburg, South Carolina attorney would be quite helpful in such a situation.