Probate Attorney in Corcoran, California

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In Corcoran, California, probate is the process through which a Court decides if a will is valid or not.

As part of this procedure, the Corcoran, California probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed to be valid.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a Corcoran, California probate court has to assign one.

The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Corcoran, California

The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes 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.

Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living personification 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 typically 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.

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How Can A Corcoran, California 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 Corcoran, California, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.

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