In Hampden County, Massachusetts, probate is the procedure in which a court validates or voids a will.
As part of the probate procedure, the court in Hampden County, Massachusetts will decide the validity of the will, inventory the decedent's assets and debts, then, assuming everything is deemed 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 Hampden County, Massachusetts will assign 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 major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in Hampden County, Massachusetts
Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to collect a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They additionally have to account for all the testator's debts and assets.
Because the executor serves as the living personification 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 typically 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 Hampden County, Massachusetts Lawyer Help?
Because this process can be fairly confusing, it is not a bad idea to consult with a reliable probate lawyer in Hampden County, Massachusetts, especially if you find yourself as the executor of an estate and don't know how to proceed.