In Kendallville, Indiana, probate is the process in which a court validates or voids a will.
During probate, the court in Kendallville, Indiana will determine the validity of the will, distinguish 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 commonly name a person as the executor of the estate. If not, the court in Kendallville, Indiana will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Kendallville, Indiana
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 finished before the will is given effect.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
If the decedent was even somewhat well-off financially, it's likely that they'll have considerable amounts of both debts and assets. The executor is tasked with formulating 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.
Additionally, the executor is obligated to take a leading role in showing 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 Kendallville, Indiana Lawyer Help?
Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in Kendallville, Indiana, especially if you find yourself as the executor of an estate and don't know how to proceed.