In Williams, California, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Williams, 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 Williams, 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 who has to get the ball rolling on the probate process, and essentially serves as a living symbol 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 immersed in. If an executor needs to be appointed, a court normally 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 Williams, California
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be finished before the will is effectuated.
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 Williams, 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 Williams, California, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.