In Champaign County, 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 Champaign County, Illinois has many 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Champaign County, Illinois court will appoint an executor. This is normally 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 motivation to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Champaign County, Illinois

The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.

Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.

As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.

How Can A Champaign County, Illinois Lawyer Help?

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