In Marietta, Georgia, 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 Marietta, Georgia 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.

Wills commonly name a person as the executor of the estate. If not, the court in Marietta, Georgia will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.

The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest motivation to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Marietta, Georgia

There are quite a few things that an executor is accountable for. At the outset, they are obligated 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.

Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals 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).

Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Additionally, the executor is obligated 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 Marietta, Georgia Lawyer Help?

Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Marietta, Georgia, especially if you find yourself as the executor of an estate and don't know how to proceed.