In Osawatomie, Kansas, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Osawatomie, 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 Osawatomie, 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 Osawatomie, Kansas
The executor has many duties regarding the will. First, they have to actually 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, usually through the filing of a copy of the official death certificate.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.
Lastly, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.
How Can A Osawatomie, Kansas Lawyer Help?
Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Osawatomie, Kansas, especially if you find yourself as the executor of an estate and don't know how to proceed.