In Lauderhill, 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 Lauderhill, 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.
The executor of the estate is frequently named in the will. If not, the probate court in Lauderhill, Florida will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under 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 incitement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Lauderhill, Florida
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.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are typically chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.
How Can A Lauderhill, Florida Lawyer Help?
Because of the difficulties involved in probate, it would be a knowledgeable idea to consult with and retain a Lauderhill, Florida attorney who specializes in probate, especially if you are the executor of an estate.