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

During probate, the court in Montgomery, 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 Montgomery, 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.

Because the executor is responsible for actually initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.

Duties of the Executor in Montgomery, 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.

Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

The executor will also have to compile and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.

How Can A Montgomery, Illinois Lawyer Help?

Because of the complexities involved in probate, it would be smart to hire a good Montgomery, Illinois probate lawyer, especially if you are the executor of an estate and unsure how to proceed.