In Robertsdale, Alabama, probate is the process through which a Court determines if a will is valid or not.
In the probate process, a Robertsdale, 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 determined to be valid, the court will distribute the property according to its terms.
Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Robertsdale, Alabama court will appoint an executor. This is typically 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 typically appointed the executor, because they will have the most motivation to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Robertsdale, Alabama
The executor has many duties concerning the will. First, they have to truly 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, typically through the filing of a copy of the official death certificate.
Executors are also obliged 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.
Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Robertsdale, Alabama Lawyer Help?
Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Robertsdale, Alabama, especially if you find yourself as the executor of an estate and don't know how to proceed.