In Clearfield, Utah, 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 procedure, the court in Clearfield, Utah has several important responsibilities. Most importantly, 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 ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

The executor of the estate is commonly named in the will. If not, the probate court in Clearfield, Utah will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under 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 incitement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Clearfield, Utah

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.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. One of the responsibilities of the executor is to compile a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They also have to account for all the testator's debts and assets.

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

How Can A Clearfield, Utah Lawyer Help?

Because of the complexities involved in probate, it would be a good idea to consult with and retain a Clearfield, Utah attorney who specializes in probate, especially if you are the executor of an estate.