In Burlington, Vermont "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 Burlington, Vermont will determine the validity of the will, identify 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 often named in the will. If not, the probate court in Burlington, Vermont 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 Burlington, Vermont
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals 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).
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 gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
Finally, executors have to actually put forth the effort to show 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 Burlington, Vermont Lawyer Help?
Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in Burlington, Vermont, especially if you find yourself as the executor of an estate and don't know how to proceed.
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