In Waltham, Massachusetts, probate is the process in which a court validates or voids a will.
As part of the probate procedure, the court in Waltham, Massachusetts 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.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Waltham, Massachusetts will appoint an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.
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 motivation to carry out the duties of the executor.
Duties of the Executor in Waltham, Massachusetts
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.
Also, it's the executor's job to notify all involved parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
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 Waltham, Massachusetts 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 Waltham, Massachusetts, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.
Mr. B. is a terrific lawyer and I am extremely happy with his work. What I liked most about him was his timely responses. I highly recommend Mr. B..