In Weston, 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 Weston, 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 commonly named in the will. If not, the probate court in Weston, Florida will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment 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 inducement to carry out the duties of the executor.
Duties of the Executor in Weston, 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.
If the decedent was even moderately well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Finally, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Weston, Florida Lawyer Help?
Because this can be (though isn't always) a fairly complex process, it's a good idea to get a good probate lawyer in Weston, Florida, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.
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