Probate Attorney in Santa Cruz County, California
In Santa Cruz County, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Santa Cruz 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 usually name the person who is to serve as executor of the estate. If no executor is named, the Santa Cruz County, 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 responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Santa Cruz County, California
The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes effect.
They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
The executor will also have to compile and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Finally, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
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How Can A Santa Cruz County, California Lawyer Help?
Because this can be (though isn't always) a fairly complex process, it's a good idea to get a good probate lawyer in Santa Cruz County, California, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.
