Estate administration is the procedure 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 regulating that situation, as well.

If the decedent had the foresight to draft and execute a will in Devine, Texas, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.

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

The executor is usually whoever stands to acquire 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 will in Devine, Texas does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is most often the person who stands to gain the most from the will, or who would inherit the most under Texas'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.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Devine, Texas court.

Whoever is assigned 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 Devine, 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 reputable Devine, Texas wills and trusts attorney.