Carthage, Mississippi has a legal process known as "probate." This is when a court determines whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.
During probate, the court in Carthage, Mississippi will decide the validity of the will, establish and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.
Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Carthage, Mississippi court will appoint an executor. This is typically 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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Carthage, Mississippi
The executor has various duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be finalized before the will takes effect.
Executors must also alert anyone with an interest in the will of the death of the decedent. Persons with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Moreover, the executor is obliged to take a leading role in establishing 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 Carthage, Mississippi Lawyer Help?
Because this can be (though isn't always) a fairly complicated process, it's a good idea to get a reliable probate lawyer in Carthage, Mississippi, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.