In Glenwood, Iowa, probate is the process through which a Court decides if a will is valid or not.
As part of this procedure, the court in Glenwood, Iowa has several important responsibilities. Most especially, 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 unsuited to serve in this capacity. In these situations, a Glenwood, Iowa probate court has to assign one.
Because the executor is responsible for actually initiating probate proceedings and seeing them to finalization, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Glenwood, Iowa
The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be finalized before the will is effectuated.
The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.
There may be various 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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.
Furthermore, the executor is obligated to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Glenwood, Iowa Lawyer Help?
Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Glenwood, Iowa attorney who specializes in probate, especially if you are the executor of an estate.