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

During probate, the court in Albemarle, North Carolina 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 commonly name a person as the executor of the estate. If not, the court in Albemarle, North Carolina will name one. This is most often the adult individual who stands to inherit the most money or property from the will.

The basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Albemarle, North Carolina

Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finished before the property in an estate can be released according to the terms of the will.

Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, normally through the filing of a copy of the official death certificate.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.

Additionally, the executor is obligated to take a leading role in showing 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 Albemarle, North Carolina Lawyer Help?

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