In West Frankfort, Illinois, probate is the procedure in which a court validates or voids a will.
During probate, the court in West Frankfort, 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 typically name the person who is to serve as executor of the estate. If no executor is named, the West Frankfort, Illinois court will appoint an executor. This is typically the person who stands to gain the most if the will is found to be legitimate.
The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in West Frankfort, Illinois
Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
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.
If the decedent was even slightly well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.
How Can A West Frankfort, Illinois Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a reliable West Frankfort, Illinois probate lawyer, especially if you are the executor of an estate and unsure how to proceed.