In Denison, 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 Denison, 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 commonly name a person as the executor of the estate. If not, the court in Denison, Texas will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
Because the executor is responsible for really initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Denison, Texas
The executor has many 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.
Furthermore, it's the executor's job to notify all involved parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
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 Denison, Texas Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Denison, Texas probate lawyer, particularly for the executors of estates.