In Radford, Virginia "probate" refers to the process a court uses to determine whether or not a will is legitimate, thereby deciding if it should be given effect.
During probate, the court in Radford, Virginia will decide the validity of the will, establish and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.
The executor of the estate is frequently named in the will. If not, the probate court in Radford, Virginia will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest motivation to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Radford, Virginia
The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finalized before the will is given effect.
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.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to collect a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They additionally have to account for all the testator's debts and assets.
Moreover, the executor is obliged to take a leading role in establishing 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 Radford, Virginia Lawyer Help?
Because of the difficulties involved in probate, it would be smart to hire a reliable Radford, Virginia probate lawyer, especially if you are the executor of an estate and unsure how to proceed.