In Altamonte Springs, Florida, probate is the process through which a Court decides if a will is valid or not.

As part of the probate procedure, the court in Altamonte Springs, Florida will decide the validity of the will, inventory the decedent's assets and debts, then, assuming everything is deemed to be in order, distribute the estate according to the will.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, an Altamonte Springs, Florida probate court has to assign one.

The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Altamonte Springs, Florida

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.

They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

There may be numerous 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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.

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 Altamonte Springs, Florida Lawyer Help?

Because of the complexities involved in probate, it would be smart to hire a reputable Altamonte Springs, Florida probate lawyer, especially if you are the executor of an estate and unsure how to proceed.