In Bourbonnais, 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 Bourbonnais, Illinois has various 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 typically name the person who is to serve as executor of the estate. If no executor is named, the Bourbonnais, 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 Bourbonnais, Illinois
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be finalized before the will is effectuated.
They additionally are obligated 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 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.
Moreover, the executor is obliged to take a leading role in establishing 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 Bourbonnais, Illinois Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Bourbonnais, Illinois probate lawyer, particularly for the executors of estates.