In Owatonna, Minnesota, probate is the process in which a court validates or voids a will.
As part of this procedure, the court in Owatonna, 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.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Owatonna, Minnesota court will appoint an executor. This is normally 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 normally appointed the executor, because they will have the most incitement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Owatonna, Minnesota
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished 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.
Finally, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Owatonna, Minnesota Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Owatonna, Minnesota probate lawyer, particularly for the executors of estates.