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

As part of this process, the Tonganoxie, 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 Tonganoxie, 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.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living symbol of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.

Duties of the Executor in Tonganoxie, Kansas

Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished before the property in an estate can be released according to the terms of the will.

They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

The executor will also have to compile and make available 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.

As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.

How Can A Tonganoxie, Kansas Lawyer Help?

Because of the complexities involved in probate, it would be smart to hire a good Tonganoxie, Kansas probate lawyer, especially if you are the executor of an estate and unsure how to proceed.