In Middleton, Idaho, probate is the process through which a Court decides if a will is valid or not.

As part of this procedure, the court in Middleton, Idaho has many 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.

Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Middleton, Idaho court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.

The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most incentive to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Middleton, Idaho

Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

Furthermore, 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, normally through the filing of a copy of the official death certificate.

The executor will also have to gather and make accessible 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.

Because the executor serves as the living representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are normally chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.

How Can A Middleton, Idaho Lawyer Help?

Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Middleton, Idaho, especially if you find yourself as the executor of an estate and don't know how to proceed.