In Harriman, 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 determine that it is valid.
As part of this process, the Harriman, Tennessee 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.
Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, a Harriman, Tennessee probate court has to appoint one.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most reason to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Harriman, Tennessee
The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes effect.
They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.
If the decedent was even moderately well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Moreover, the executor is obliged to take a leading role in establishing 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 Harriman, Tennessee Lawyer Help?
Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Harriman, Tennessee, especially if you find yourself as the executor of an estate and don't know how to proceed.