In Strasburg, Virginia "probate" refers to the process a court uses to decide whether or not a will is valid, thereby deciding if it should be given effect.
During probate, the court in Strasburg, Virginia will determine the validity of the will, distinguish 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 commonly named in the will. If not, the probate court in Strasburg, Virginia 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 reason to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Strasburg, Virginia
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.
Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
The executor will also have to compile 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.
Furthermore, the executor is required to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually 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 Strasburg, Virginia Lawyer Help?
Because this process can be fairly complicated, it is not a bad idea to consult with a good probate lawyer in Strasburg, Virginia, especially if you find yourself as the executor of an estate and don't know how to proceed.