In Fort Myers Beach, Florida, probate is the process through which a Court determines if a will is valid or not.

As part of the probate procedure, the court in Fort Myers Beach, Florida will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found to be in order, distribute the estate according to the will.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unsuitable to serve in this capacity. In these cases, a Fort Myers Beach, Florida probate court has to appoint one.

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 involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.

Duties of the Executor in Fort Myers Beach, Florida

The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. 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 help. 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 Fort Myers Beach, Florida Lawyer Help?

Because of the complexities involved in probate, it would be a good idea to consult with and retain a Fort Myers Beach, Florida attorney who specializes in probate, especially if you are the executor of an estate.