Tupelo, Mississippi has a legal process known as "probate." This is when a court determines whether or not a will is lawful, and, accordingly, whether or not to effectuate its provisions.

During probate, the court in Tupelo, Mississippi will decide the validity of the will, establish and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Tupelo, Mississippi court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be legitimate.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation 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 engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most reason to carry out the duties of the executor.

Duties of the Executor in Tupelo, Mississippi

Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

They additionally are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.

The executor will also have to collect and make accessible 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 representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are typically 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 finalization.

How Can A Tupelo, Mississippi Lawyer Help?

Because this can be (though isn't always) a fairly complicated process, it's a good idea to get a reliable probate lawyer in Tupelo, Mississippi, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.