In Harlan, 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 Harlan, Iowa has various important responsibilities. Most importantly, 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 unfit to serve in this capacity. In these cases, a Harlan, Iowa probate court has to appoint one.
Because the executor is responsible for truly initiating probate proceedings and seeing them to completion, 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 Harlan, Iowa
The executor has many duties concerning the will. First, they have to truly initiate the probate proceedings, which must be completed before the will is effectuated.
Additionally, 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 available 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.
Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Harlan, Iowa Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Harlan, Iowa probate lawyer, particularly for the executors of estates.