In Mukwonago, 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 Mukwonago, 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 Mukwonago, 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.

Because the executor is responsible for really initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.

Duties of the Executor in Mukwonago, Wisconsin

The executor has many duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be completed before the will takes effect.

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.

Additionally, the executor is required to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Mukwonago, Wisconsin Lawyer Help?

Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Mukwonago, Wisconsin probate lawyer, particularly for the executors of estates.