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

As part of this procedure, the court in Bartonville, Illinois has various important responsibilities. Most notably, 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 typically name the person who is to serve as executor of the estate. If no executor is named, the Bartonville, Illinois court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be legitimate.

The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Bartonville, Illinois

The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.

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, typically through the filing of a copy of the official death certificate.

Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living personification 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 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 finalization.

How Can A Bartonville, Illinois Lawyer Help?

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