Probate Attorney in Lafayette, Georgia
In Lafayette, Georgia, 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 Lafayette, Georgia 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.
Wills often name a person as the executor of the estate. If not, the court in Lafayette, Georgia will name one. This is most often the adult individual who stands to inherit the most money or property from 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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Lafayette, Georgia
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be completed before the will is effectuated.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official death certificate.
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.
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How Can A Lafayette, Georgia Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Lafayette, Georgia probate lawyer, especially if you are the executor of an estate and unsure how to proceed.