In Clayton County, Georgia, 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 Clayton County, Georgia 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.
Wills often name a person as the executor of the estate. If not, the court in Clayton County, Georgia will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is usually 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 Clayton County, Georgia
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.
They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
Executors are also required 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 symbol 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 usually 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 Clayton County, Georgia 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 Clayton County, Georgia, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.