In Tyrone, Georgia, probate is the process through which a Court decides if a will is valid or not.
As part of this procedure, the court in Tyrone, Georgia has several important responsibilities. Most notably, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a Tyrone, Georgia probate court has to assign one.
The executor is the individual 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 reason to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Tyrone, Georgia
The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be done before the will is effectuated.
Also, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are generally 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 compile and make accessible 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.
Furthermore, the executor is obligated to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually 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 Tyrone, Georgia Lawyer Help?
Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Tyrone, Georgia, especially if you find yourself as the executor of an estate and don't know how to proceed.