In Elkton, Maryland, probate is the process in which a court validates or voids a will.
As part of the probate procedure, the court in Elkton, Maryland 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.
The executor of the estate is often named in the will. If not, the probate court in Elkton, Maryland will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under the will.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most motivation to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Elkton, Maryland
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, normally through the filing of a copy of the official death certificate.
The executor will also have to gather and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Finally, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Elkton, Maryland Lawyer Help?
Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in Elkton, Maryland, especially if you find yourself as the executor of an estate and don't know how to proceed.