In Burnet, Texas, 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 Burnet, Texas 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.
Wills often name a person as the executor of the estate. If not, the court in Burnet, Texas will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
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 reason to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Burnet, Texas
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finished before the will is given effect.
Executors must also inform anyone with an interest in the will of the death of the decedent. People 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).
Executors are also required to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
Furthermore, the executor is required to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
How Can A Burnet, Texas Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Burnet, Texas probate lawyer, particularly for the executors of estates.