In Mauldin, 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.
As part of this process, the Mauldin, South Carolina probate court will determine the validity of the will, inventory the decedent's assets and debts, and then, finally, distribute the estate according to the will, assuming it is found to be valid.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Mauldin, South Carolina will appoint an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.
The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Mauldin, South Carolina
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be finished before the will is effectuated.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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.
Additionally, the executor is obligated to take a leading role in showing 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 Mauldin, South Carolina Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Mauldin, South Carolina probate lawyer, particularly for the executors of estates.