In Otsego, Minnesota, probate is the process in which a court validates or voids a will.
As part of this procedure, the court in Otsego, Minnesota has several 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Otsego, Minnesota court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.
The executor is the person 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 motivation to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Otsego, Minnesota
Executors of estates have a several 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.
They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
There may be many 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. Additionally, they have to make known all of the decedent's major assets and debts.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.
How Can A Otsego, Minnesota Lawyer Help?
Because of the complexities involved in probate, it would be a good idea to consult with and retain an Otsego, Minnesota attorney who specializes in probate, especially if you are the executor of an estate.