In Ripon, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Ripon, 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 typically name the person who is to serve as executor of the estate. If no executor is named, the Ripon, California court will appoint an executor. This is typically 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 motivation to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Ripon, California
The executor has many duties concerning the will. First, they have to truly initiate the probate proceedings, which must be finished before the will is effectuated.
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, typically through the filing of a copy of the official death certificate.
The executor will also have to collect 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.
Finally, executors have to actually put forth the effort to establish that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Ripon, California Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Ripon, California probate lawyer, particularly for the executors of estates.