In Dalton, Massachusetts, probate is the process in which a court validates or voids a will.

As part of the probate procedure, the court in Dalton, Massachusetts will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found to be in order, distribute the estate according to the will.

Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Dalton, Massachusetts will appoint an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest motivation to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Dalton, Massachusetts

There are quite a few things that an executor is responsible for. At the outset, they are required 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.

Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, typically through the filing of a copy of the official death certificate.

If the decedent was even moderately well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.

Moreover, the executor is obliged to take a leading role in establishing 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 Dalton, Massachusetts Lawyer Help?

Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Dalton, Massachusetts, especially if you find yourself as the executor of an estate and don't know how to proceed.