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 typically 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 Trenton, Tennessee, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

The decedent typically 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a will in Trenton, Tennessee is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified 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 normally be appointed.

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

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 protect the estate's interests as they would their own.

Can a Trenton, 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 efficient Trenton, Tennessee lawyer who can help you navigate this sometimes-complicated process.