In Newark, California, probate is the process through which a Court determines if a will is valid or not.

As part of this process, the Newark, California probate court will determine the validity of the will, inventory the decedent's assets and debts, and then, finally, distribute the estate according to the will, assuming it is found to be valid.

Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Newark, California court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be valid.

The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most reason to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Newark, California

The executor has many duties concerning the will. First, they have to truly initiate the probate proceedings, which must be completed before the will is effectuated.

They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Moreover, the executor is obliged to take a leading role in establishing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Newark, California Lawyer Help?

Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Newark, California probate lawyer, especially if you are the executor of an estate and unsure how to proceed.