In Chubbuck, Idaho, probate is the process through which a Court determines if a will is valid or not.
As part of this procedure, the court in Chubbuck, Idaho has several 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 commonly named in the will. If not, the probate court in Chubbuck, Idaho will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.
Because the executor is responsible for actually 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 Chubbuck, Idaho
Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
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, usually through the filing of a copy of the official death certificate.
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 compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.
Finally, executors have to actually put forth the effort to prove 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 Chubbuck, Idaho Lawyer Help?
Because of the complexities involved in probate, it would be a good idea to consult with and retain a Chubbuck, Idaho attorney who specializes in probate, especially if you are the executor of an estate.