In Rohnert Park, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Rohnert Park, 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 Rohnert Park, 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 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 Rohnert Park, California
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed 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, normally through the filing of a copy of the official death certificate.
Executors are also obligated to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone 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 Rohnert Park, California Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Rohnert Park, California probate lawyer, particularly for the executors of estates.