In South Jordan, 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 South Jordan, Utah has many important responsibilities. Most vitally, 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 often named in the will. If not, the probate court in South Jordan, Utah will name will appoint a person to serve as executor. This is normally the person who stands to inherit the most under 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 South Jordan, Utah
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes 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.
The executor will also have to gather and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Because the executor serves as the living symbol of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are normally 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 completion.
How Can A South Jordan, Utah Lawyer Help?
Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in South Jordan, Utah, especially if you find yourself as the executor of an estate and don't know how to proceed.