In Lowell, Michigan, probate is the procedure in which a court validates or voids a will.

As part of this procedure, the court in Lowell, Michigan has various important responsibilities. Most especially, 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 Lowell, 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 general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically 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 Lowell, Michigan

Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

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.

There may be various 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 challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged 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.

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 Lowell, Michigan Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Lowell, Michigan probate lawyer, particularly for the executors of estates.