In Sheffield, Alabama, probate is the process through which a Court decides if a will is valid or not.
In the probate process, a Sheffield, Alabama probate court has many 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Sheffield, Alabama court will appoint an executor. This is normally 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 normally appointed the executor, because they will have the most reason to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Sheffield, Alabama
The executor has various duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be finalized before the will takes effect.
Furthermore, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are typically 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 gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
Because the executor serves as the living representation 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 normally 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 Sheffield, Alabama Lawyer Help?
Because of the intricacies involved in probate, it would be a seasoned idea to consult with and retain a Sheffield, Alabama attorney who specializes in probate, especially if you are the executor of an estate.