In Rice Lake, 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 Rice Lake, 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 Rice Lake, 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 executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment 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 motivation to carry out the duties of the executor.
Duties of the Executor in Rice Lake, Wisconsin
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
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.
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 Rice Lake, Wisconsin Lawyer Help?
Because this can be (though isn't always) a fairly difficult process, it's a good idea to get a brilliant probate lawyer in Rice Lake, Wisconsin, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.