In Rainsville, Alabama, probate is the process through which a Court determines if a will is valid or not.
In the probate process, a Rainsville, Alabama 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Rainsville, Alabama 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 who initiates probate proceedings. The person who stands to inherit the most from the will is usually 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 Rainsville, Alabama
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official 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.
Because the executor serves as the living symbol 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.
How Can A Rainsville, Alabama Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Rainsville, Alabama probate lawyer, especially if you are the executor of an estate and unsure how to proceed.