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

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

The executor is normally 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 the will in Middleton, Wisconsin does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under Wisconsin'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).

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 stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Middleton, Wisconsin court to be appointed executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Middleton, 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 intricacies that may arise, an accomplished Middleton, Wisconsin lawyer can make this process a great deal easier.