Newton Falls, Ohio has a legal process known as "probate." This is when a court decides whether or not a will is legitimate, and, accordingly, whether or not to effectuate its provisions.

As part of this procedure, the court in Newton Falls, Ohio has several important responsibilities. Most importantly, 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 ensure 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 Newton Falls, Ohio court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be valid.

The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate 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 Newton Falls, Ohio

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.

They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

Executors are also required to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.

Furthermore, the executor is required to take a leading role in proving 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 Newton Falls, Ohio Lawyer Help?

Because this process can be fairly complicated, it is not a bad idea to consult with a good probate lawyer in Newton Falls, Ohio, especially if you find yourself as the executor of an estate and don't know how to proceed.