In Dayton, Kentucky, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the Dayton, 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Dayton, Kentucky court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.
The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is usually appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Dayton, Kentucky
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.
Also, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be various people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Furthermore, they have to make known all of the decedent's major assets and debts.
Because the executor serves as the living representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.
How Can A Dayton, Kentucky Lawyer Help?
Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Dayton, Kentucky attorney who specializes in probate, especially if you are the executor of an estate.