In Stone Mountain, 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 Stone Mountain, 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 frequently name a person as the executor of the estate. If not, the court in Stone Mountain, Georgia will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
The basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in Stone Mountain, 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, it's the executor's job to notify all involved 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.
The executor will also have to collect and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Moreover, the executor is required 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 Stone Mountain, Georgia Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Stone Mountain, Georgia probate lawyer, especially if you are the executor of an estate and unsure how to proceed.