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 Box Elder, South Dakota, 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 Box Elder, South Dakota will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.
This is most often the person who stands to gain the most from the will, or who would inherit the most under South Dakota's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It usually distributes the property to the closest living relatives of the decedent, assuming they can be located.
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 Box Elder, South Dakota can apply to the court to be the executor.
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 Box Elder, South Dakota 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 good Box Elder, South Dakota attorney, the process almost always goes pretty smoothly.