In Maricopa, Arizona, probate is the process through which a Court decides if a will is valid or not.
In the probate process, a Maricopa, Arizona probate court has several 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 often name a person as the executor of the estate. If not, the court in Maricopa, Arizona will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
The general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually 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 Maricopa, Arizona
There are quite a few things that an executor is accountable for. At the outset, they are obligated to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.
Furthermore, 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, usually through the filing of a copy of the official death certificate.
The executor will also have to compile and make accessible 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 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 usually 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 Maricopa, Arizona Lawyer Help?
Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Maricopa, Arizona, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.