In Franklin Park, 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 Franklin Park, 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 Franklin Park, 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 basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Franklin Park, Illinois

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

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 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 Franklin Park, Illinois Lawyer Help?

Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in Franklin Park, Illinois, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.