In Fountain, Colorado, probate is the process through which a Court determines if a will is valid or not.
As part of this process, the Fountain, 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 Fountain, 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 inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Fountain, 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, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, typically through the filing of a copy of the official death certificate.
If the decedent was even moderately well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Fountain, Colorado Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Fountain, Colorado probate lawyer, especially if you are the executor of an estate and unsure how to proceed.