In Palos Verdes Estates, California, probate is the process through which a Court decides if a will is valid or not.
As part of this procedure, the Palos Verdes Estates, 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.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Palos Verdes Estates, California court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.
The executor is the individual 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 incitement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Palos Verdes Estates, California
The executor has various duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be finalized before the will takes effect.
They further are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
Executors are also obligated 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.
Additionally, the executor is obligated to take a leading role in showing 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 Palos Verdes Estates, California Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Palos Verdes Estates, California, especially if you find yourself as the executor of an estate and don't know how to proceed.