In Freeburg, 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 Freeburg, 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 Freeburg, 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 general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically 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 Freeburg, Illinois
The executor has various duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be finalized before the will takes effect.
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.
As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for guidance. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.
How Can A Freeburg, Illinois Lawyer Help?
Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Freeburg, Illinois attorney who specializes in probate, especially if you are the executor of an estate.