In Rose Hill, Kansas, probate is the process in which a court validates or voids a will.

As part of this process, the Rose Hill, Kansas probate court will determine the validity of the will, inventory the decedent's assets and debts, and then, finally, distribute the estate according to the will, assuming it is found 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 Rose Hill, Kansas will appoint 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 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 Rose Hill, Kansas

The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.

Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

Executors are also required to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.

Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Rose Hill, Kansas Lawyer Help?

Because this can be (though isn't always) a fairly complex process, it's a good idea to get a good probate lawyer in Rose Hill, Kansas, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.