In Shelburne, 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 Shelburne, 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 Shelburne, 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.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been immersed in. If an executor needs to be appointed, a court normally chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.
Duties of the Executor in Shelburne, 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).
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.
As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for assistance. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.
How Can A Shelburne, Vermont Lawyer Help?
Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in Shelburne, Vermont, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.