In Winter Park, 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 Winter Park, 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 frequently named in the will. If not, the probate court in Winter Park, 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 has to get the ball rolling on the probate process, and basically serves as a living personification 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 engaged in. If an executor needs to be appointed, a court typically 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 Winter Park, Florida
There are quite a few things that an executor is accountable for. At the outset, they are obligated 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 concerned 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.
If the decedent was even slightly well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting 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.
Moreover, the executor is obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Winter Park, Florida Lawyer Help?
Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Winter Park, Florida attorney who specializes in probate, especially if you are the executor of an estate.
Mr. B. is a terrific lawyer and I am extremely happy with his work. What I liked most about him was his timely responses. I highly recommend Mr. B..