In Happy Valley, 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 Happy Valley, 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 commonly named in the will. If not, the probate court in Happy Valley, Oregon will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living symbol 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 inducement to carry out the duties of the executor.

Duties of the Executor in Happy Valley, Oregon

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 finished before the will is given effect.

Also, it's the executor's job to notify all involved parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.

There may be several people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Furthermore, the executor is required to take a leading role in proving 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 Happy Valley, Oregon Lawyer Help?

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