In Central, 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 decide that it is legitimate.
In the probate process, a Central, South Carolina probate court has many 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 decided to be valid, the court will distribute the property according to its clauses.
Wills commonly name a person as the executor of the estate. If not, the court in Central, South Carolina will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
Because the executor is responsible for really initiating probate proceedings and seeing them to finalization, 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 Central, South Carolina
The executor has many 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.
Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.
How Can A Central, South Carolina Lawyer Help?
Because of the intricacies involved in probate, it would be a seasoned idea to consult with and retain a Central, South Carolina attorney who specializes in probate, especially if you are the executor of an estate.