In Thousand Oaks, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Thousand Oaks, 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 usually name the person who is to serve as executor of the estate. If no executor is named, the Thousand Oaks, California court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living symbol of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most reason to carry out the duties of the executor.
Duties of the Executor in Thousand Oaks, California
Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished before the property in an estate can be released according to the terms of the will.
Executors must also inform anyone with an interest in the will of the death of the decedent. People 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).
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.
Furthermore, the executor is required to take a leading role in proving 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 Thousand Oaks, California Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Thousand Oaks, California probate lawyer, particularly for the executors of estates.
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