In Leavenworth, Kansas, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Leavenworth, 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.
Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Leavenworth, Kansas will assign an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.
Because the executor is responsible for truly initiating probate proceedings and seeing them to finalization, 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 Leavenworth, Kansas
Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.
If the decedent was even slightly 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 obligated 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 Leavenworth, Kansas Lawyer Help?
Because this process can be fairly confusing, it is not a bad idea to consult with a reliable probate lawyer in Leavenworth, Kansas, especially if you find yourself as the executor of an estate and don't know how to proceed.