In Alamosa, Colorado, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Alamosa, Colorado 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 commonly name a person as the executor of the estate. If not, the court in Alamosa, Colorado will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Alamosa, Colorado
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished before the property in an estate can be released according to the terms of the will.
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.
There may be several people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.
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 Alamosa, Colorado Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a brilliant Alamosa, Colorado probate lawyer, especially if you are the executor of an estate and unsure how to proceed.