Estate Administration

Estate Administration is usually taken on by a person so named in the deceased’s legal will. This executor will take care of the deceased’s estate administration, dividing up all property and assets as stipulated in the will before the estate goes to probate. If the deceased has died without leaving a will, or if they have left an invalid or incomplete will, then administers must be appointed to take care of the estate administration. They are similar to executors, but where there are no specific instructions as to estate administration left in the will, administers must follow rules laid down by statute and common law as regards the estate administration.

There are certain properties that fall outside the legal process of estate administration, perhaps the most common being a shared property, in which case the surviving partner of the deceased is taken to assume sole ownership of the property.

Another factor in the process of estate administration that must be considered is intestacy. An estate is considered intestate if the deceased left no will and the value of the estate is greater than any debts and funeral expenses. In such cases, estate administration falls to an administrator appointed by the local District Probate Registry, usually the spouse or next of kin but in some cases estate administration may legally fall to the Crown, or a creditor.

Executors, or those appointed to carry out estate administration duties, should seek professional, qualified estate administration assistance in guiding them through the estate administration and probate processes, and the many legal and technical aspects these involve.