In Edina, Minnesota, probate is the process in which a court validates or voids a will.

As part of this procedure, the court in Edina, Minnesota has several important responsibilities. Most vitally, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

The executor of the estate is commonly named in the will. If not, the probate court in Edina, Minnesota will name will appoint a person to serve as executor. This is usually 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 Edina, Minnesota

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finished before the will is given effect.

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.

Finally, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.

How Can A Edina, Minnesota Lawyer Help?

Because of the complexities involved in probate, it would be a good idea to consult with and retain an Edina, Minnesota attorney who specializes in probate, especially if you are the executor of an estate.