In Morgan's Point Resort, 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 decide that it is legitimate.
As part of this procedure, the court in Morgan's Point Resort, Texas has various important responsibilities. Most especially, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise unsuited to serve in this capacity. In these situations, a Morgan's Point Resort, Texas probate court has to assign one.
The executor is the individual 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 Morgan
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be finalized before the will is effectuated.
They additionally are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.
There may be various 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.
Because the executor serves as the living representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are typically chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.
How Can A Morgan
Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Morgan's Point Resort, Texas attorney who specializes in probate, especially if you are the executor of an estate.