In Pella, 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 Pella, Iowa has many 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.
The executor of the estate is often named in the will. If not, the probate court in Pella, Iowa will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under the will.
The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest reason to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Pella, Iowa
The executor has many duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
There may be many 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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. Additionally, they have to make known all of the decedent's major assets and debts.
Additionally, the executor is obligated to take a leading role in showing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A Pella, Iowa Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a brilliant Pella, Iowa probate lawyer, especially if you are the executor of an estate and unsure how to proceed.