In Olathe, Kansas, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Olathe, 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.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Olathe, Kansas will assign an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.
Because the executor is responsible for actually 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 Olathe, Kansas
The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be done 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, usually through the filing of a copy of the official death certificate.
Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Furthermore, the executor is obligated to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually 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 Olathe, Kansas Lawyer Help?
Because of the complexities involved in probate, it would be a reputable idea to consult with and retain an Olathe, Kansas attorney who specializes in probate, especially if you are the executor of an estate.
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