In Sonoma, California, probate is the process through which a Court decides if a will is valid or not.
As part of this procedure, the Sonoma, 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 usually name the person who is to serve as executor of the estate. If no executor is named, the Sonoma, California court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.
The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.
Duties of the Executor in Sonoma, 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 finalized before the will is given effect.
Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Furthermore, the executor is obligated to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Sonoma, California Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Sonoma, California probate lawyer, particularly for the executors of estates.