In Batesburg Leesville, South Carolina, 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 Batesburg Leesville, South Carolina probate court has several 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 often name a person as the executor of the estate. If not, the court in Batesburg Leesville, South Carolina will name one. This is most often the adult individual who stands to inherit the most money or property from the will.

The basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually 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 Batesburg Leesville, South Carolina

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.

Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official death certificate.

If the decedent was even somewhat well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating 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.

Finally, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.

How Can A Batesburg Leesville, South Carolina Lawyer Help?

Because of the complexities involved in probate, it would be a good idea to consult with and retain a Batesburg Leesville, South Carolina attorney who specializes in probate, especially if you are the executor of an estate.