In Oviedo, Florida, probate is the process through which a Court determines if a will is valid or not.

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

The executor of the estate is often named in the will. If not, the probate court in Oviedo, Florida will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under the will.

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 incitement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Oviedo, Florida

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

There may be many 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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. Additionally, they have to make known all of the decedent's major assets and debts.

Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A Oviedo, Florida Lawyer Help?

Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain an Oviedo, Florida attorney who specializes in probate, especially if you are the executor of an estate.