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 Benbrook, Texas, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

Most frequently, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.

The executor is typically the person who stands to inherit the most money or property from the will, since this personn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If a will in Benbrook, Texas 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"), Texas 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.

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 stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Benbrook, Texas court to be appointed 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 protect the estate's interests as they would their own.

Can a Benbrook, Texas Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a knowledgeable Benbrook, Texas wills and trusts attorney.