In Emporia, Kansas, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Emporia, Kansas probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed to be valid.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Emporia, Kansas will assign an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.
The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest motivation to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Emporia, Kansas
The executor has many duties regarding the will. First, they have to really initiate the probate proceedings, which must be finalized before the will is effectuated.
Furthermore, 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 accessible 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.
Additionally, the executor is obligated 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 Emporia, Kansas Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Emporia, Kansas, especially if you find yourself as the executor of an estate and don't know how to proceed.