In Mankato, Minnesota, probate is the process in which a court validates or voids a will.
As part of this procedure, the court in Mankato, 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 Mankato, 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.
Because the executor is responsible for really initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Mankato, Minnesota
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, normally through the filing of a copy of the official 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.
Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Mankato, Minnesota Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a brilliant Mankato, Minnesota probate lawyer, especially if you are the executor of an estate and unsure how to proceed.