In New Castle County, Delaware, probate is the process through which a Court decides if a will is valid or not.

As part of the probate procedure, the court in New Castle County, Delaware will decide the validity of the will, inventory the decedent's assets and debts, then, assuming everything is deemed to be in order, distribute the estate according to the will.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise unsuited to serve in this capacity. In these situations, a New Castle County, Delaware probate court has to assign one.

The general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in New Castle County, Delaware

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.

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

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.

As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for guidance. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.

How Can A New Castle County, Delaware Lawyer Help?

Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a New Castle County, Delaware attorney who specializes in probate, especially if you are the executor of an estate.