The procedure 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 issue of a person who dies without a will.

If the person who died made and executed a valid will in Marinette, Wisconsin, the process of estate administration typically follows the procedures and instructions laid out in the will.

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

The executor is typically whoever stands to acquire 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 will in Marinette, Wisconsin is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of Wisconsin. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Marinette, Wisconsin 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 safeguard the estate's interests as they would their own.

Can a Marinette, Wisconsin 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 reliable Marinette, Wisconsin wills and trusts attorney.