In Montgomery County, Maryland, probate is the process in which a court validates or voids a will.

As part of the probate procedure, the court in Montgomery County, 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 commonly named in the will. If not, the probate court in Montgomery County, Maryland will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.

The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incitement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Montgomery County, Maryland

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finished before the will is given effect.

They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

There may be several people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Montgomery County, Maryland Lawyer Help?

Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Montgomery County, Maryland probate lawyer, particularly for the executors of estates.