In Worland, Wyoming "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 Worland, Wyoming 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.
Wills normally name the person who is to serve as executor of the estate. If no executor is named, the Worland, Wyoming court will appoint an executor. This is normally the person who stands to gain the most if the will is found to be legitimate.
The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification 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 incitement to carry out the duties of the executor.
Duties of the Executor in Worland, Wyoming
The executor has many 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.
Furthermore, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are normally chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.
How Can A Worland, Wyoming Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Worland, Wyoming, especially if you find yourself as the executor of an estate and don't know how to proceed.