In St. Matthews, Kentucky, probate is the process in which a court validates or voids a will.

As part of this process, the St. Matthews, Kentucky 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.

Wills usually name the person who is to serve as executor of the estate. If no executor is named, the St. Matthews, Kentucky court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.

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 motivation to carry out the duties of the executor.

Duties of the Executor in St. Matthews, Kentucky

The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.

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.

There may be several 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. Additionally, they have to make known all of the decedent's major assets and debts.

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 St. Matthews, Kentucky Lawyer Help?

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