In Chaska, Minnesota, probate is the process in which a court validates or voids a will.

As part of this procedure, the court in Chaska, Minnesota has many important responsibilities. Most vitally, 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 ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

The executor of the estate is often named in the will. If not, the probate court in Chaska, Minnesota 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 who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Chaska, Minnesota

The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.

Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. 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.

Finally, 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 required for them to inherit, giving them an incentive.

How Can A Chaska, Minnesota Lawyer Help?

Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain a Chaska, Minnesota attorney who specializes in probate, especially if you are the executor of an estate.