In Wellington, Ohio, probate is a legal procedure that a court must go through before giving effect to a will. Before putting a will into effect, a court has to determine that it is valid.

During probate, the court in Wellington, Ohio will determine the validity of the will, identify and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, a Wellington, Ohio probate court has to appoint one.

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 Wellington, Ohio

The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes 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.

As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for assistance. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.

How Can A Wellington, Ohio Lawyer Help?

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