In Jonesboro, Arkansas, probate is the process through which a Court determines if a will is valid or not.
In the probate process, a Jonesboro, Arkansas 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 Jonesboro, Arkansas 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 has to get the ball rolling on the probate process, and essentially serves as a living symbol of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.
Duties of the Executor in Jonesboro, Arkansas
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.
The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an 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.
As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.
How Can A Jonesboro, Arkansas Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Jonesboro, Arkansas probate lawyer, particularly for the executors of estates.