Wahpeton, North Dakota 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 Wahpeton, North Dakota 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.

Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Wahpeton, North Dakota court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be valid.

The basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Wahpeton, North Dakota

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

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.

There may be several 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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.

Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Wahpeton, North Dakota Lawyer Help?

Because of the intricacies involved in probate, it would be a brilliant idea to consult with and retain a Wahpeton, North Dakota attorney who specializes in probate, especially if you are the executor of an estate.