In Somerset, Kentucky, probate is the process in which a court validates or voids a will.

As part of this process, the Somerset, Kentucky 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 Somerset, Kentucky 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 who has to get the ball rolling on the probate process, and essentially serves as a living symbol of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.

Duties of the Executor in Somerset, Kentucky

The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.

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.

Because the executor serves as the living symbol of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.

How Can A Somerset, Kentucky 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 Somerset, Kentucky, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.