Garner, North Carolina has a legal process known as "probate." This is when a court decides whether or not a will is binding, and, accordingly, whether or not to effectuate its provisions.
During probate, the court in Garner, North Carolina 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 often name a person as the executor of the estate. If not, the court in Garner, 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 actually 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 Garner, North Carolina
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be completed before the will is effectuated.
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, usually through the filing of a copy of the official death certificate.
The executor will also have to compile and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
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 usually 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 Garner, North Carolina Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Garner, North Carolina probate lawyer, especially if you are the executor of an estate and unsure how to proceed.