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

As part of this procedure, the court in Ham Lake, Minnesota has many important responsibilities. Most importantly, 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 Ham Lake, 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 responsible 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 Ham Lake, Minnesota

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

They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.

The executor will also have to gather and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

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 Ham Lake, Minnesota Lawyer Help?

Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in Ham Lake, Minnesota, especially if you find yourself as the executor of an estate and don't know how to proceed.