Havre, Montana 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 Havre, Montana 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 commonly name a person as the executor of the estate. If not, the court in Havre, Montana will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
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 Havre, Montana
The executor has many duties regarding the will. First, they have to really initiate the probate proceedings, which must be finalized before the will is effectuated.
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.
Lastly, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.
How Can A Havre, Montana Lawyer Help?
Because of the intricacies involved in probate, it would be a seasoned idea to consult with and retain a Havre, Montana attorney who specializes in probate, especially if you are the executor of an estate.