In Weston, 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 Weston, 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.
Wills usually name the person who is to serve as executor of the estate. If no executor is named, the Weston, West Virginia court will appoint an executor. This is usually the person who stands to gain the most if the will is found to be legitimate.
The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually 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 Weston, 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 Weston, West Virginia Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Weston, West Virginia probate lawyer, particularly for the executors of estates.