In Victoria, Minnesota, probate is the process in which a court validates or voids a will.

As part of this procedure, the court in Victoria, 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 Victoria, 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 responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incitement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Victoria, Minnesota

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.

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.

If the decedent was even moderately well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating 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.

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 Victoria, Minnesota Lawyer Help?

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