In Ewa Beach, Hawaii, probate is the process through which a Court decides if a will is valid or not.

As part of this procedure, the court in Ewa Beach, Hawaii 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, an Ewa Beach, Hawaii 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 incitement to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Ewa Beach, Hawaii

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.

Furthermore, 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, usually through the filing of a copy of the official death certificate.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.

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 usually 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 Ewa Beach, Hawaii Lawyer Help?

Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Ewa Beach, Hawaii, especially if you find yourself as the executor of an estate and don't know how to proceed.