Shelby, 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.
In the probate process, a Shelby, North Carolina probate court has many 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.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Shelby, North Carolina will appoint an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.
Because the executor is responsible for really 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 Shelby, North Carolina
The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes effect.
Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals 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).
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 Shelby, North Carolina Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Shelby, North Carolina probate lawyer, particularly for the executors of estates.