In Glen Carbon, Illinois, probate is the process in which a court validates or voids a will.
During probate, the court in Glen Carbon, Illinois will determine the validity of the will, distinguish and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.
The executor of the estate is commonly named in the will. If not, the probate court in Glen Carbon, Illinois will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.
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 incitement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Glen Carbon, Illinois
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finished before the will is given effect.
They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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.
Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A Glen Carbon, Illinois Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Glen Carbon, Illinois probate lawyer, especially if you are the executor of an estate and unsure how to proceed.