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 has made a will in Kendall County, Texas, the process will play out according to the instructions specified in the will.

Often, the will appoints an executor whose job it is to oversee the administration of the will.

The executor generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If a Kendall County, Texas will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.

Usually, this will be the person who has the most to gain from the will, or who would gain the most under Texas's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

If the will doesn't name anyone as executor, or the individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Kendall County, Texas can apply to the court to be the executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Kendall County, Texas Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. A Kendall County, Texas attorney would be very helpful in such a situation.