The process of distributing and maintaining the estate (the total accumulated property) of a person who dies is identified 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 Wytheville Virginia will typically be carried out according to the instructions in the will.

Typically, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is typically 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 a Wytheville, Virginia will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

Typically, this will be the person who has the most to acquire from the will, or who would gain the most under Virginia'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 a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Wytheville, Virginia court to be the executor.

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 Wytheville, Virginia 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 Wytheville, Virginia wills and trusts attorney.