In West Carrollton, 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 West Carrollton, 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 West Carrollton, 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 typically 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 West Carrollton, 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 additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.

If the decedent was even moderately well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.

Moreover, the executor is obliged to take a leading role in establishing 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 West Carrollton, Ohio Lawyer Help?

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