In Charles, West Virginia "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 Charles, West Virginia probate court has several 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.
The executor of the estate is commonly named in the will. If not, the probate court in Charles, West Virginia will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.
Because the executor is responsible for actually initiating probate proceedings and seeing them to finalization, 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 Charles, West Virginia
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.
Also, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be numerous 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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.
Furthermore, the executor is required to take a leading role in proving 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 Charles, West Virginia Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Charles, West Virginia probate lawyer, particularly for the executors of estates.