In El Reno, Oklahoma, 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 decide that it is legitimate.

During probate, the court in El Reno, Oklahoma will decide the validity of the will, establish 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 particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise unsuited to serve in this capacity. In these situations, an El Reno, Oklahoma probate court has to assign one.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living representation of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most reason to carry out the duties of the executor.

Duties of the Executor in El Reno, Oklahoma

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 finalized before the will is given effect.

They also are obligated 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 accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living representation 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 usually 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 El Reno, Oklahoma Lawyer Help?

Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in El Reno, Oklahoma, especially if you find yourself as the executor of an estate and don't know how to proceed.