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

As part of this procedure, the Tracy, California probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed to be valid.

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

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation 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 engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most incitement to carry out the duties of the executor.

Duties of the Executor in Tracy, California

Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

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).

There may be various 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. Furthermore, they have to make known all of the decedent's major assets and debts.

Lastly, executors have to actually put forth the effort to establish that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.

How Can A Tracy, California Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Tracy, California probate lawyer, particularly for the executors of estates.