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

As part of this procedure, the court in New Brighton, 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 New Brighton, 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 New Brighton, 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).

Executors are also obligated to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.

Additionally, the executor is obligated to take a leading role in showing 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 New Brighton, Minnesota Lawyer Help?

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