In Chelsea, Michigan, probate is the procedure in which a court validates or voids a will.
As part of the probate procedure, the court in Chelsea, Michigan 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.
Wills commonly name a person as the executor of the estate. If not, the court in Chelsea, Michigan will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in Chelsea, Michigan
The executor has many duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.
They further are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
There may be numerous 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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. Furthermore, they have to make known all of the decedent's major assets and debts.
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 Chelsea, Michigan Lawyer Help?
Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Chelsea, Michigan, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.