Claremont, New Hampshire has a legal process known as "probate." This is when a court determines whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.

In the probate process, a Claremont, New Hampshire 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 decided to be valid, the court will distribute the property according to its clauses.

Wills often name a person as the executor of the estate. If not, the court in Claremont, New Hampshire will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.

The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually 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 Claremont, New Hampshire

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

The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.

There may be numerous 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. Furthermore, they have to make known all of the decedent's major assets and debts.

Lastly, 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 obligated for them to inherit, giving them an incentive.

How Can A Claremont, New Hampshire Lawyer Help?

Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Claremont, New Hampshire, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.