In Ashwaubenon, Wisconsin "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 Ashwaubenon, Wisconsin will decide the validity of the will, determine and inventory the decedent's assets, account for the decedent's debts and back taxes, and distribute the decedent's property, among other things.

Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Ashwaubenon, Wisconsin court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification 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 incentive to carry out the duties of the executor.

Duties of the Executor in Ashwaubenon, Wisconsin

The executor has many duties regarding the will. First, they have to really initiate the probate proceedings, which must be done before the will is effectuated.

The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.

Executors are also obligated to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable 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 finalization.

How Can A Ashwaubenon, Wisconsin Lawyer Help?

Because of the intricacies involved in probate, it would be a seasoned idea to consult with and retain an Ashwaubenon, Wisconsin attorney who specializes in probate, especially if you are the executor of an estate.