Probate Attorney in Mayfield Heights, Ohio
Mayfield Heights, Ohio 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.
As part of this procedure, the court in Mayfield Heights, Ohio has several important responsibilities. Most importantly, 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Mayfield Heights, Ohio 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 responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Mayfield Heights, Ohio
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be completed 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.
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.
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How Can A Mayfield Heights, Ohio Lawyer Help?
Because this process can be fairly complicated, it is not a bad idea to consult with a good probate lawyer in Mayfield Heights, Ohio, especially if you find yourself as the executor of an estate and don't know how to proceed.
