In Beaver Dam, 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 Beaver Dam, Wisconsin 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.
Wills typically name the person who is to serve as executor of the estate. If no executor is named, the Beaver Dam, Wisconsin court will appoint an executor. This is typically 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 representation 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 engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most motivation to carry out the duties of the executor.
Duties of the Executor in Beaver Dam, Wisconsin
The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be finalized before the will is effectuated.
Additionally, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.
The executor will also have to collect and make accessible 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.
Moreover, the executor is obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Beaver Dam, Wisconsin Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Beaver Dam, Wisconsin probate lawyer, particularly for the executors of estates.