In Rexburg, 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 Rexburg, Idaho 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.
Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Rexburg, Idaho court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be valid.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically 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 Rexburg, Idaho
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.
They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.
Executors are also obliged to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are typically 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 completion.
How Can A Rexburg, Idaho Lawyer Help?
Because this can be (though isn't always) a fairly confusing process, it's a good idea to get a knowledgeable probate lawyer in Rexburg, Idaho, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.