In Pendleton, Indiana, probate is the process in which a court validates or voids a will.
During probate, the court in Pendleton, Indiana 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 frequently name a person as the executor of the estate. If not, the court in Pendleton, Indiana will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
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 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 Pendleton, Indiana
The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.
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, typically through the filing of a copy of the official death certificate.
If the decedent was even moderately 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.
Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Pendleton, Indiana Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Pendleton, Indiana probate lawyer, especially if you are the executor of an estate and unsure how to proceed.