In Winthrop Harbor, Illinois, probate is the process in which a court validates or voids a will.
During probate, the court in Winthrop Harbor, 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Winthrop Harbor, Illinois court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be valid.
The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally 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 Winthrop Harbor, Illinois
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
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, normally through the filing of a copy of the official death certificate.
The executor will also have to gather and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Finally, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Winthrop Harbor, Illinois Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Winthrop Harbor, Illinois probate lawyer, particularly for the executors of estates.