In De Queen, Arkansas, probate is the process through which a Court determines if a will is valid or not.
In the probate process, a De Queen, Arkansas 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 determined to be valid, the court will distribute the property according to its terms.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the De Queen, Arkansas court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be valid.
The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in De Queen, Arkansas
The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes effect.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
The executor will also have to gather 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 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 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 completion.
How Can A De Queen, Arkansas Lawyer Help?
Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in De Queen, Arkansas, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.