In Burlington, Wisconsin "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.
In the probate process, a Burlington, Wisconsin probate court has many duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Burlington, Wisconsin will appoint an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.
The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in Burlington, Wisconsin
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.
The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.
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.
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 Burlington, Wisconsin Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Burlington, Wisconsin probate lawyer, particularly for the executors of estates.