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

During probate, the court in Northfield, Illinois will determine the validity of the will, identify 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 often named in the will. If not, the probate court in Northfield, Illinois will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under the will.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been immersed in. If an executor needs to be appointed, a court normally chooses the person who will inherit the most if the will is given effect, since that person will have the most motivation to carry out the duties of the executor.

Duties of the Executor in Northfield, Illinois

The executor has many duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.

They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.

There may be many 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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.

Additionally, the executor is obligated to take a leading role in showing 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 Northfield, Illinois Lawyer Help?

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