In Riverside County, California, probate is the process through which a Court decides if a will is valid or not.
As part of this procedure, the Riverside County, 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 typically name the person who is to serve as executor of the estate. If no executor is named, the Riverside County, California court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be legitimate.
The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Riverside County, California
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be done before the will is effectuated.
Furthermore, 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 accessible 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.
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.
How Can A Riverside County, California Lawyer Help?
Because this process can be fairly confusing, it is not a bad idea to consult with a reliable probate lawyer in Riverside County, California, especially if you find yourself as the executor of an estate and don't know how to proceed.