In Merced, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Merced, California probate court will determine the validity of the will, inventory the decedent's assets and debts, and then, finally, distribute the estate according to the will, assuming it is found to be valid.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Merced, California 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 executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most motivation to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Merced, California
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished before the property in an estate can be released according to the terms of the will.
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.
As the representative of the estate, the executor has to take charge of the probate process, filing the required 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 fulfilled, they'll probably find it to be worth the time and expense.
How Can A Merced, California Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a brilliant Merced, California probate lawyer, especially if you are the executor of an estate and unsure how to proceed.