In Adel, Iowa, probate is the process through which a Court determines if a will is valid or not.

As part of this procedure, the court in Adel, Iowa has various important responsibilities. Most vitally, 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 ensure 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 specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unsuitable to serve in this capacity. In these cases, an Adel, Iowa probate court has to appoint one.

The executor is the person 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 motivation to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Adel, Iowa

The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.

Executors must also alert anyone with an interest in the will of the death of the decedent. Persons with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

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

Finally, 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 required for them to inherit, giving them an incentive.

How Can A Adel, Iowa Lawyer Help?

Because of the difficulties involved in probate, it would be a knowledgeable idea to consult with and retain an Adel, Iowa attorney who specializes in probate, especially if you are the executor of an estate.