In Gaithersburg, Maryland, probate is the process in which a court validates or voids a will.
As part of the probate procedure, the court in Gaithersburg, 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 Gaithersburg, 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 inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Gaithersburg, Maryland
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.
Furthermore, it's the executor's job to notify all involved parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
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.
Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Gaithersburg, Maryland Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a brilliant Gaithersburg, Maryland probate lawyer, especially if you are the executor of an estate and unsure how to proceed.