In Brookfield, 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 Brookfield, Illinois has many important responsibilities. Most vitally, 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 Brookfield, 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 inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Brookfield, Illinois

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

There may be several people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Because the executor serves as the living symbol 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 Brookfield, Illinois Lawyer Help?

Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain a Brookfield, Illinois attorney who specializes in probate, especially if you are the executor of an estate.