The process of distributing and maintaining the estate (the total accumulated property) of a person who dies is known 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 Enumclaw Washington will usually be carried out according to the instructions in the will.
Wills typically name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.
The executor is often the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.
What if The Will Does Not Name an Executor?
If a will in Enumclaw, Washington is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
Usually, the person chosen to be executor is the one who would benefit most under the will, or under Washington'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. Usually, 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.
If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Enumclaw, Washington can apply to the court to be the executor.
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 Enumclaw, Washington 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 experienced Enumclaw, Washington lawyer who can help you navigate this sometimes-confusing process.