Mount Vernon, Missouri has a legal process known as "probate." This is when a court determines whether or not a will is lawful, and, accordingly, whether or not to effectuate its provisions.
During probate, the court in Mount Vernon, Missouri will decide the validity of the will, determine and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.
Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a Mount Vernon, Missouri probate court has to assign one.
Because the executor is responsible for really initiating probate proceedings and seeing them to finalization, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Mount Vernon, Missouri
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.
The executor will also have to gather and make accessible 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.
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 Mount Vernon, Missouri Lawyer Help?
Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Mount Vernon, Missouri, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.