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

As part of this procedure, the court in Braidwood, Illinois has many 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Braidwood, Illinois court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be valid.

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

Duties of the Executor in Braidwood, Illinois

The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.

They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.

Executors are also obligated 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 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 completion.

How Can A Braidwood, Illinois Lawyer Help?

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