In Provo, 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 decide that it is legitimate.
As part of this procedure, the court in Provo, Utah has various important responsibilities. Most notably, 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.
The executor of the estate is frequently named in the will. If not, the probate court in Provo, Utah will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
Because the executor is responsible for truly initiating probate proceedings and seeing them to finalization, 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 Provo, Utah
Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
Furthermore, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, typically through the filing of a copy of the official death certificate.
If the decedent was even slightly 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 obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Provo, Utah Lawyer Help?
Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Provo, Utah attorney who specializes in probate, especially if you are the executor of an estate.