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

During probate, the court in Waveland, Mississippi will determine the validity of the will, distinguish 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 Waveland, Mississippi court will appoint an executor. This is typically 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 symbol 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 engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.

Duties of the Executor in Waveland, Mississippi

The executor has many duties concerning the will. First, they have to truly initiate the probate proceedings, which must be finished before the will is effectuated.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

Executors are also obliged to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living symbol 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 typically 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 Waveland, Mississippi Lawyer Help?

Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Waveland, Mississippi, especially if you find yourself as the executor of an estate and don't know how to proceed.