In Grants Pass, Oregon, probate is a legal procedure that a court must go through before giving effect to a will. Before putting a will into effect, a court has to decide that it is legitimate.

During probate, the court in Grants Pass, Oregon will decide the validity of the will, determine and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

The executor of the estate is frequently named in the will. If not, the probate court in Grants Pass, Oregon will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification 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 motivation to carry out the duties of the executor.

Duties of the Executor in Grants Pass, Oregon

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

Additionally, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to collect a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They additionally have to account for all the testator's debts and assets.

Because the executor serves as the living personification 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 Grants Pass, Oregon Lawyer Help?

Because of the difficulties involved in probate, it would be smart to hire a reliable Grants Pass, Oregon probate lawyer, especially if you are the executor of an estate and unsure how to proceed.