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

As part of this process, the San Mateo County, 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 San Mateo County, 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 responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in San Mateo County, California

The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.

Executors must also alert anyone with an interest in the will of the death of the decedent. Persons with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

Executors are also obliged to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.

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 San Mateo County, California Lawyer Help?

Because this can be (though isn't always) a fairly confusing process, it's a good idea to get a knowledgeable probate lawyer in San Mateo County, California, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.