In Oak Grove, Minnesota, probate is the procedure in which a court validates or voids a will.

As part of this procedure, the court in Oak Grove, Minnesota has several important responsibilities. Most especially, 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.

Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Oak Grove, Minnesota court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.

The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is usually 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 Oak Grove, Minnesota

Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.

Executors must also inform anyone with an interest in the will of the death of the decedent. People 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).

There may be various people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Furthermore, they have to make known all of the decedent's major assets and debts.

Furthermore, the executor is required to take a leading role in proving 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 Oak Grove, Minnesota Lawyer Help?

Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Oak Grove, Minnesota, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.