In Springfield, Illinois, probate is the process in which a court validates or voids a will.
During probate, the court in Springfield, 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Springfield, Illinois court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.
The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incitement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Springfield, Illinois
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be completed before the will is effectuated.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official death certificate.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.
Furthermore, the executor is required to take a leading role in proving 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 Springfield, Illinois Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Springfield, Illinois probate lawyer, especially if you are the executor of an estate and unsure how to proceed.