Monroe, Ohio 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.

As part of this procedure, the court in Monroe, Ohio has several 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 usually name the person who is to serve as executor of the estate. If no executor is named, the Monroe, Ohio court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.

The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Monroe, Ohio

The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.

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.

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 compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.

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 Monroe, Ohio Lawyer Help?

Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Monroe, Ohio attorney who specializes in probate, especially if you are the executor of an estate.