In Roseville, Minnesota, probate is the process in which a court validates or voids a will.
As part of this procedure, the court in Roseville, Minnesota has many 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Roseville, 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 Roseville, Minnesota
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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.
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 Roseville, Minnesota Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Roseville, Minnesota probate lawyer, particularly for the executors of estates.