In Creswell, Oregon, 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 Creswell, Oregon will determine the validity of the will, distinguish 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 Creswell, Oregon will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
Because the executor is responsible for truly initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Creswell, Oregon
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.
Additionally, it's the executor's job to notify all involved parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.
The executor will also have to collect and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Because the executor serves as the living symbol of the decedent's estate, they are solely responsible 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 completion.
How Can A Creswell, Oregon Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Creswell, Oregon probate lawyer, especially if you are the executor of an estate and unsure how to proceed.