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 usually 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 has made a will in Mcallen, 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 is usually 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 Mcallen, Texas 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 typically the person who will benefit the most if the will is executed. If there is no will (a situation known 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 typically be appointed.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Mcallen, Texas to be the executor of the estate, if they wish.
Whoever is appointed 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 Mcallen, Texas Estate Administration Attorney Help?
If you are the executor of an estate, and don't know how to handle some of the legal and financial complexities that may arise, an experienced Mcallen, Texas lawyer can make this process a great deal easier.
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