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 Oakland, Tennessee, the estate is usually administered in a way that follows the instructions the will lays out, as closely as possible.

The decedent normally names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.

The executor is normally 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 the will in Oakland, Tennessee does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), Tennessee has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

If no executor is named in the will, anyone with a stake in the will can apply to the court in Oakland, Tennessee to be the executor of the estate, if they wish.

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 Oakland, Tennessee Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an accomplished Oakland, Tennessee lawyer who can help you navigate this sometimes-confusing process.