In Monticello, Minnesota, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the court in Monticello, Minnesota has various important responsibilities. Most notably, 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.
The executor of the estate is frequently named in the will. If not, the probate court in Monticello, Minnesota will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
Because the executor is responsible for truly initiating probate proceedings and seeing them to finalization, 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 Monticello, Minnesota
The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.
Additionally, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.
The executor will also have to collect and make accessible 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.
As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.
How Can A Monticello, Minnesota Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a reliable Monticello, Minnesota probate lawyer, especially if you are the executor of an estate and unsure how to proceed.