In Miramar, Florida, 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 Miramar, Florida 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.
The executor of the estate is often named in the will. If not, the probate court in Miramar, Florida will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under the will.
The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is normally 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 Miramar, Florida
The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.
They further are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are normally 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 finalization.
How Can A Miramar, Florida Lawyer Help?
Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Miramar, Florida, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.