In Port Hueneme, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Port Hueneme, 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 usually name the person who is to serve as executor of the estate. If no executor is named, the Port Hueneme, California court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.
The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Port Hueneme, California
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finished before the will is given effect.
Additionally, 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.
If the decedent was even somewhat well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating 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.
Furthermore, the executor is required to take a leading role in proving 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 Port Hueneme, California Lawyer Help?
Because this process can be fairly complicated, it is not a bad idea to consult with a good probate lawyer in Port Hueneme, California, especially if you find yourself as the executor of an estate and don't know how to proceed.