Probate Attorney in Paxton, Illinois

In Paxton, Illinois, probate is the procedure in which a court validates or voids a will.

During probate, the court in Paxton, Illinois will decide the validity of the will, establish 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 Paxton, 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 basically serves as a living representation 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 incentive to carry out the duties of the executor.

Duties of the Executor in Paxton, Illinois

Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

They further are obligated 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 various 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. Furthermore, 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 Paxton, Illinois Lawyer Help?

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