In Opa Locka, 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 Opa Locka, 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 Opa Locka, 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 responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incitement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Opa Locka, 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.
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.
Executors are also obliged to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
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 Opa Locka, Florida Lawyer Help?
Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Opa Locka, Florida, especially if you find yourself as the executor of an estate and don't know how to proceed.