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

In the probate process, a Morganton, North Carolina probate court has several duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.

Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Morganton, North Carolina will appoint an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.

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 Morganton, North Carolina

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

Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).

There may be many 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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. Additionally, they have to make known all of the decedent's major assets and debts.

Finally, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.

How Can A Morganton, North Carolina Lawyer Help?

Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Morganton, North Carolina probate lawyer, particularly for the executors of estates.