In Wadena, Minnesota, probate is the procedure in which a court validates or voids a will.
As part of this procedure, the court in Wadena, Minnesota has many important responsibilities. Most especially, 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 Wadena, 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 person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest motivation to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Wadena, Minnesota
The executor has many duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finalized before the will is given effect.
They further are obligated 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 various 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. Furthermore, they have to make known all of the decedent's major assets and debts.
Additionally, the executor is obligated to take a leading role in showing 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 Wadena, Minnesota Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Wadena, Minnesota probate lawyer, particularly for the executors of estates.