In West Memphis, Arkansas, probate is the process through which a Court decides if a will is valid or not.
In the probate process, a West Memphis, 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 decided to be valid, the court will distribute the property according to its clauses.
Wills frequently name a person as the executor of the estate. If not, the court in West Memphis, Arkansas will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically 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 West Memphis, Arkansas
The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.
They additionally are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.
If the decedent was even slightly well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Moreover, the executor is obliged to take a leading role in establishing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A West Memphis, Arkansas Lawyer Help?
Because this can be (though isn't always) a fairly complicated process, it's a good idea to get a reliable probate lawyer in West Memphis, Arkansas, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.