In Seal Beach, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Seal Beach, 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 Seal Beach, 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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Seal Beach, California
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.
They further are required 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 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.
As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.
How Can A Seal Beach, California Lawyer Help?
Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in Seal Beach, California, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.