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

If the person who died made and executed a valid will in Marshfield, Wisconsin, the process of estate administration usually follows the procedures and instructions laid out 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 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 Marshfield, 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 often 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 determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Marshfield, Wisconsin court to be assigned executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be accountable for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Marshfield, Wisconsin 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 Marshfield, Wisconsin lawyer can make this process a great deal easier.