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 usually 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 Woodruff, South Carolina, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.
Often, the will appoints an executor whose job it is to oversee the administration of the will.
The executor is usually 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 Woodruff, South Carolina will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.
Usually, this will be the person who has the most to gain 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).
If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Woodruff, South Carolina court to be the executor.
Once an executor is appointed (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.
Can a Woodruff, 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 encounter legal or tax issues with which you are unfamiliar. A Woodruff, South Carolina attorney would be very helpful in such a situation.