In Silver Spring, Maryland, probate is the procedure in which a court validates or voids a will.
As part of the probate procedure, the court in Silver Spring, Maryland 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.
The executor of the estate is often named in the will. If not, the probate court in Silver Spring, 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 accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Silver Spring, Maryland
The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.
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.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
Lastly, 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 obligated for them to inherit, giving them an incentive.
How Can A Silver Spring, Maryland Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Silver Spring, Maryland, especially if you find yourself as the executor of an estate and don't know how to proceed.