In Sutton, Massachusetts, probate is the procedure in which a court validates or voids a will.
As part of the probate procedure, the court in Sutton, 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 Sutton, 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 executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation 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 engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most reason to carry out the duties of the executor.
Duties of the Executor in Sutton, Massachusetts
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be finalized before the will is effectuated.
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.
Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Moreover, the executor is obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Sutton, Massachusetts Lawyer Help?
Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Sutton, Massachusetts attorney who specializes in probate, especially if you are the executor of an estate.