In Clay Center, Kansas, probate is the process in which a court validates or voids a will.
During probate, the court in Clay Center, Kansas 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 commonly name a person as the executor of the estate. If not, the court in Clay Center, Kansas will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
Because the executor is responsible for really initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Clay Center, Kansas
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.
Furthermore, it's the executor's job to notify all interested parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.
Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Clay Center, Kansas Lawyer Help?
Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain a Clay Center, Kansas attorney who specializes in probate, especially if you are the executor of an estate.