In Hartsville, 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 Hartsville, 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 Hartsville, South Carolina will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
Because the executor is responsible for actually 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 Hartsville, South Carolina
The executor has many duties concerning the will. First, they have to actually initiate the probate proceedings, which must be finished before the will is effectuated.
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.
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.
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 usually 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 Hartsville, South Carolina Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Hartsville, South Carolina probate lawyer, especially if you are the executor of an estate and unsure how to proceed.