In North Augusta, 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.
As part of this procedure, the North Augusta, South Carolina probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed 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 North Augusta, South Carolina will assign 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 accountable 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 North Augusta, South Carolina
There are quite a few things that an executor is accountable for. At the outset, they are obligated 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 provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.
Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
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 guidance. 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 North Augusta, South Carolina Lawyer Help?
Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in North Augusta, South Carolina, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.