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

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

Normally, wills assign 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 normally the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If a Sussex, Wisconsin will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most commonly the person who stands to gain the most from the will, or who would inherit the most under Wisconsin's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It normally distributes the property to the closest living relatives of the decedent, assuming they can be located.

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 Sussex, Wisconsin court to be assigned executor.

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

Can a Sussex, 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 seasoned Sussex, Wisconsin wills and trusts attorney.