In Newport, Rhode Island, 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.
In the probate process, a Newport, Rhode Island probate court has various duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.
Wills frequently name a person as the executor of the estate. If not, the court in Newport, Rhode Island will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
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 Newport, Rhode Island
There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.
The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official 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 required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Newport, Rhode Island Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Newport, Rhode Island probate lawyer, especially if you are the executor of an estate and unsure how to proceed.