In Bowling Green, Kentucky, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Bowling Green, Kentucky 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 Bowling Green, Kentucky 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.
The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification 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 Bowling Green, Kentucky
There are quite a few things that an executor is accountable for. At the outset, they are obligated to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.
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).
The executor will also have to compile and make accessible 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.
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 Bowling Green, Kentucky Lawyer Help?
Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Bowling Green, Kentucky, especially if you find yourself as the executor of an estate and don't know how to proceed.