In Ashland, Tennessee, 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 Ashland, Tennessee 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.

Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Ashland, Tennessee will assign an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most motivation to carry out the duties of the executor.

Duties of the Executor in Ashland, Tennessee

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.

Executors must also alert anyone with an interest in the will of the death of the decedent. Persons 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).

There may be numerous 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 challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged 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. Furthermore, they have to make known all of the decedent's major assets and debts.

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

How Can A Ashland, Tennessee Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Ashland, Tennessee probate lawyer, particularly for the executors of estates.