In Kalamazoo County, Michigan, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the court in Kalamazoo County, Michigan has various important responsibilities. Most notably, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Kalamazoo County, Michigan will assign an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.
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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Kalamazoo County, Michigan
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.
Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Moreover, the executor is obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Kalamazoo County, Michigan Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Kalamazoo County, Michigan probate lawyer, particularly for the executors of estates.