Elon College, North Carolina 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 Elon College, 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 frequently name a person as the executor of the estate. If not, the court in Elon College, North Carolina will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
Because the executor is responsible for truly initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Elon College, North Carolina
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.
Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Elon College, North Carolina Lawyer Help?
Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Elon College, North Carolina, especially if you find yourself as the executor of an estate and don't know how to proceed.