Probate Attorney in Leesburg, Virginia
In Leesburg, Virginia "probate" refers to the process a court uses to decide whether or not a will is valid, thereby deciding if it should be given effect.
During probate, the court in Leesburg, Virginia will determine the validity of the will, identify and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.
Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, a Leesburg, Virginia probate court has to appoint one.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment 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 involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.
Duties of the Executor in Leesburg, Virginia
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 completed before the will is given effect.
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.
Executors are also required to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually 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 completion.
Find a Leesburg Lawyer that Specializes in Your Area of Need:
How Can A Leesburg, Virginia Lawyer Help?
Because this can be (though isn't always) a fairly complex process, it's a good idea to get a good probate lawyer in Leesburg, Virginia, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.
