The process of distributing and maintaining the estate (the total accumulated property) of a person who dies is recognized as "estate administration." It is carried out either through the provisions of a will, or local laws addressing the problem of a person who dies without a will.

If the decedent (the person who died) left a will, the process of estate administration in Leesburg Virginia will normally be carried out according to the instructions in the will.

The decedent normally 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 normally has some work ahead of them. To ensure that they really 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 Leesburg, Virginia does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under Virginia's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Normally, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Leesburg, Virginia court.

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 Leesburg, Virginia 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 accomplished Leesburg, Virginia lawyer who can help you navigate this sometimes-difficult process.