Pleasant Garden, 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.
In the probate process, a Pleasant Garden, North Carolina probate court has various 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.
Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Pleasant Garden, North Carolina will appoint an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.
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 Pleasant Garden, 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.
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, typically through the filing of a copy of the official death certificate.
The executor will also have to collect 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.
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 Pleasant Garden, North Carolina Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Pleasant Garden, North Carolina probate lawyer, particularly for the executors of estates.