In Rockford, Illinois, probate is the procedure in which a court validates or voids a will.
During probate, the court in Rockford, 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.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Rockford, Illinois court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.
The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Rockford, 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 done before the will is given effect.
Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals 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).
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.
Additionally, the executor is obligated to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Rockford, Illinois Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Rockford, Illinois, especially if you find yourself as the executor of an estate and don't know how to proceed.