In Waycross, 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 Waycross, Georgia has many 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 Waycross, 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 normally 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 Waycross, Georgia
The executor has many duties regarding the will. First, they have to really initiate the probate proceedings, which must be done before the will is effectuated.
They further are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Additionally, the executor is obligated to take a leading role in showing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A Waycross, Georgia Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Waycross, Georgia, especially if you find yourself as the executor of an estate and don't know how to proceed.