In Shakopee, Minnesota, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the court in Shakopee, Minnesota has many important responsibilities. Most notably, 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Shakopee, Minnesota court will appoint an executor. This is normally 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 normally 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 Shakopee, Minnesota
The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.
Furthermore, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
If the decedent was even slightly well-off financially, it's likely that they'll have considerable amounts of both debts and assets. The executor is tasked with formulating an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.
How Can A Shakopee, Minnesota Lawyer Help?
Because of the intricacies involved in probate, it would be a seasoned idea to consult with and retain a Shakopee, Minnesota attorney who specializes in probate, especially if you are the executor of an estate.