Germantown, Ohio has a legal process known as "probate." This is when a court determines whether or not a will is binding, and, accordingly, whether or not to effectuate its provisions.
As part of this procedure, the court in Germantown, Ohio has many important responsibilities. Most notably, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Germantown, Ohio court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.
The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most incitement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Germantown, Ohio
Executors of estates have a many 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.
Furthermore, 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, normally through the filing of a copy of the official death certificate.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. 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.
Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are normally chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.
How Can A Germantown, Ohio Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Germantown, Ohio, especially if you find yourself as the executor of an estate and don't know how to proceed.