An Estate Administration Attorney can help you with this cumbersome process when you pass away without a will. An Estate Administration can have to be appointed by a Court Order in many cases when a person dies without a will. It is best to have an estate plan in place before you pass away since it will make it easier for your family and close friends to deal with the affairs of your last will and testament. Your closest family and friends will likely have their own legal representatives, so it can be difficult to get them all to agree on a plan of action.
Getting an Administration Attorney is one way to make sure that everything is in order. A good administrator will fill in all the necessary forms and have a lawyer review the document. He or she will also act as the “personal representative” for your assets and will control all money and assets including your life insurance and retirement accounts. An estate administrator can also help with the distribution of the money. If you pass away without a will, your closest family members may be sued for wrongful death, since they were not properly designated as the legal representatives of your estate.
The role of the administrator changes depending on where you live. If you live in a small town in New Jersey, then the probate process will probably be handled by your town’s local court. You should talk to your attorney in New Jersey about the probate process and his or her experience in the matter. It is important that he or she is fully aware of all the procedures that are involved and know how to go about preparing your estate. You will likely be assigned a probate attorney and he or she will likely be a member of the local estate planning association.
Probate can be a time-consuming process and having someone with experience dealing with it can be very helpful. You will be asked questions about your debts and assets, which are all recorded and must be prepared correctly. Your administrator will prepare everything that is needed to establish the proper scope, as well as letters of administration, trust instruments, and a death certificate. Your administrator will generally have your remaining debts and any remaining property (your “vested interests”) within reach as well as your remaining assets, which are held in “receivership” until the probate process is complete.
Once the probe has been completed, your property will be transferred to your beneficiaries. It may also be sold to pay the outstanding debts or other costs incurred during the administration process. This is referred to as distribution. The executor will distribute the remaining assets, either through personal auction or by designating an agent who will handle the distribution of your inheritance. If the proceeds from the auction are not sufficient, then the administration can be continued by another process called administration by devise.
The most common beneficiaries in probate are your children, your wife, your ex-wife, and anyone living in your household at the time of your death. You may name more than one person as your beneficiary, but you must name a primary beneficiary. Your choice of beneficiary must be made according to Texas probate law. If no primary beneficiary is named, your estate will be distributed pursuant to Texas intestacy laws.
Some states allow the designation of one or more alternate administrators, which can be done after the decedent’s death. In Texas, there is no limit on the number of administrators, and they may choose any combination of persons they wish to serve. One of the administrators will take over the decedent’s estate, administer it, and make sure all beneficiaries receive their inheritances. Any outstanding taxes on the estate will also be paid by the new administrator.
No matter what happens to the remainder of your estate after your death, your decisions will be irrevocable. The court may appoint an administrator, appointed by the court or provided for by a legal agreement. They will administer the affairs of the decedent, including making distribution of his or her personal property. They will pay any outstanding taxes, hold any assets that belong to the decedent and distribute the remaining assets according to Texas intestacy laws. They will pay any debts owed by the decedent and distribute the remaining assets to the specified beneficiaries. There are also other types of distribution that the administrator may consider, such as providing for any children or spouses that you have that would have difficulty reaching an inheritance in the family as a result of your death, or providing for the education of your children or spouse.