In Marion, Massachusetts, probate is the process in which a court validates or voids a will.
As part of the probate procedure, the court in Marion, 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 Marion, 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 basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin 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 Marion, 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.
The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.
If the decedent was even somewhat 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.
As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.
How Can A Marion, Massachusetts Lawyer Help?
Because this can be (though isn't always) a fairly confusing process, it's a good idea to get a knowledgeable probate lawyer in Marion, Massachusetts, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.