In Delta, Colorado, probate is the process through which a Court determines if a will is valid or not.

As part of this process, the Delta, 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 frequently name a person as the executor of the estate. If not, the court in Delta, 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 typically appointed the executor, because they will have the most reason to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Delta, Colorado

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

Additionally, it's the executor's job to notify all interested parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.

There may be many 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 challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged 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.

Moreover, the executor is obliged to take a leading role in establishing 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 Delta, Colorado Lawyer Help?

Because this can be (though isn't always) a fairly confusing process, it's a good idea to get a knowledgeable probate lawyer in Delta, Colorado, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.