In Phenix, Alabama, probate is the process through which a Court decides if a will is valid or not.
In the probate process, a Phenix, Alabama probate court has various 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 decided to be valid, the court will distribute the property according to its clauses.
Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Phenix, Alabama 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 individual who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most incitement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Phenix, Alabama
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be done before the will is effectuated.
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.
Lastly, executors have to actually put forth the effort to establish that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.
How Can A Phenix, Alabama Lawyer Help?
Because this process can be fairly confusing, it is not a bad idea to consult with a reliable probate lawyer in Phenix, Alabama, especially if you find yourself as the executor of an estate and don't know how to proceed.