In Cedarburg, 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.
In the probate process, a Cedarburg, 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 decided to be valid, the court will distribute the property according to its clauses.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Cedarburg, Wisconsin will assign 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 general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence 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 Cedarburg, Wisconsin
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.
They further are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
There may be various people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Furthermore, they have to make known all of the decedent's major assets and debts.
Additionally, the executor is obligated to take a leading role in showing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A Cedarburg, Wisconsin Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a seasoned Cedarburg, Wisconsin probate lawyer, especially if you are the executor of an estate and unsure how to proceed.