In Duluth, 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 Duluth, 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 commonly name a person as the executor of the estate. If not, the court in Duluth, 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 normally appointed the executor, because they will have the most incentive to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Duluth, Georgia
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.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, normally through the filing of a copy of the official death certificate.
Executors are also obligated 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 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 completion.
How Can A Duluth, Georgia Lawyer Help?
Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in Duluth, Georgia, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.