Probate Attorney in Guilford County, North Carolina
Guilford County, North Carolina has a legal process known as "probate." This is when a court decides whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.
In the probate process, a Guilford County, North Carolina probate court has several duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Guilford County, North Carolina 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 main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in Guilford County, North Carolina
Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
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.
If the decedent was even moderately well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for assistance. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.
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How Can A Guilford County, North Carolina Lawyer Help?
Because of the complexities involved in probate, it would be a good idea to consult with and retain a Guilford County, North Carolina attorney who specializes in probate, especially if you are the executor of an estate.
