In Hampshire, Illinois, probate is the process in which a court validates or voids a will.

During probate, the court in Hampshire, 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 Hampshire, 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 motivation to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Hampshire, Illinois

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official 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.

Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A Hampshire, Illinois Lawyer Help?

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