In Muskegon Heights, Michigan, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the court in Muskegon Heights, Michigan has several 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.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Muskegon Heights, Michigan will assign an administrator to serve the role as the executor. This is usually 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 usually 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 Muskegon Heights, Michigan
There are quite a few things that an executor is accountable for. At the outset, they are obligated to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.
Also, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
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 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. Furthermore, 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 Muskegon Heights, Michigan Lawyer Help?
Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Muskegon Heights, Michigan, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.