Pontotoc, Mississippi has a legal process known as "probate." This is when a court decides whether or not a will is lawful, and, accordingly, whether or not to effectuate its provisions.

During probate, the court in Pontotoc, Mississippi will determine the validity of the will, identify 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 normally name the person who is to serve as executor of the estate. If no executor is named, the Pontotoc, Mississippi court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be valid.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been immersed in. If an executor needs to be appointed, a court normally chooses the person who will inherit the most if the will is given effect, since that person will have the most reason to carry out the duties of the executor.

Duties of the Executor in Pontotoc, Mississippi

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 completed before the will is given effect.

Furthermore, it's the executor's job to notify all interested 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.

There may be many 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. Additionally, they have to make known all of the decedent's major assets and debts.

Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are normally chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.

How Can A Pontotoc, Mississippi Lawyer Help?

Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain a Pontotoc, Mississippi attorney who specializes in probate, especially if you are the executor of an estate.