In Winder, 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 Winder, 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 Winder, 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 Winder, 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.

There may be numerous people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Furthermore, they have to make known all of the decedent's major assets and debts.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable 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 finalization.

How Can A Winder, Georgia Lawyer Help?

Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Winder, Georgia, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.