In Glenwood, Illinois, probate is the process in which a court validates or voids a will.
During probate, the court in Glenwood, 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 frequently named in the will. If not, the probate court in Glenwood, Illinois will name will appoint a person to serve as executor. This is typically 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 inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Glenwood, Illinois
The executor has various 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 additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically 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 challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged 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 typically 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 Glenwood, Illinois Lawyer Help?
Because of the difficulties involved in probate, it would be a knowledgeable idea to consult with and retain a Glenwood, Illinois attorney who specializes in probate, especially if you are the executor of an estate.