In Miami, 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 Miami, Oklahoma will decide the validity of the will, determine and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

The executor of the estate is frequently named in the will. If not, the probate court in Miami, Oklahoma will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.

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 inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Miami, Oklahoma

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

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

Executors are also obliged 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 personification 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 typically 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 Miami, Oklahoma Lawyer Help?

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