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

During probate, the court in Peoria Heights, Illinois will decide the validity of the will, determine 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 Peoria Heights, 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 personification 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 reason to carry out the duties of the executor.

Duties of the Executor in Peoria Heights, Illinois

There are quite a few things that an executor is accountable for. At the outset, they are obligated 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 provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.

Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are normally 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 finalization.

How Can A Peoria Heights, Illinois Lawyer Help?

Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Peoria Heights, Illinois, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.