In Lahaina, 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 Lahaina, Hawaii has various 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 Lahaina, 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 typically appointed the executor, because they will have the most incentive to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Lahaina, Hawaii

There are quite a few things that an executor is accountable for. At the outset, they are obligated 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.

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, typically through the filing of a copy of the official death certificate.

The executor will also have to collect 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.

Lastly, executors have to actually put forth the effort to establish that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.

How Can A Lahaina, Hawaii Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Lahaina, Hawaii probate lawyer, particularly for the executors of estates.