A probate
attorney in Moline IL can help you in navigating the complexities of a probate case. Probate in Moline IL refers to a process by which the court voids or validates a will. During this process, the court decides on the validity of the will of the inventory of the debts and assets of the decedent. After this, the debts and assets are distributed on the basis of the will if it is considered valid.
Usually, an executor is named by the decedent in the will. If the will does not name anybody as an executor, an administrator can be assigned by the probate court to serve this role. This is usually common when there is a legitimate defense on existing debts. The executor also winds up all legal proceedings that may involve the decedent.
In the event that there is a need to appoint an executor, the court chooses an individual that is to inherit most of the assets according as per the will. This is because such an individual is highly motivated by the will and this makes them perform the role of an executor effectively.
Role of an executor
The executor has many roles in the execution of the will. For instance, it is the responsibility of the executor to initiate probate proceedings which must be finalized before the will is effectuated. The executor is also responsible for informing all the parties that the individual who crafted the will has passed away. The people named by the will are the interested parties and they may also be the persons to inherit the decedent’s assets in case the person died without leaving a will.
Persons who will inherit from a testator can be scattered in different parts of the world and reaching them can be challenging. The executor is therefore required to come up with a list of the persons that are entitled to any inheritance of the decedent. This is followed by efforts to reach such people.
The executor acts as a representative of the decedent. Therefore, the executor is personally accountable for proving the validity of the written will. This is not easy and it requires efforts and expertise. However, since executors are chosen on the basis of the assets they are to inherit once the will is validated, they are motivated to ensure that the entire process is finalized successfully.
A probate attorney in Moline IL can help with this complex process. Contact David J Franks Attorney-at-Law for assistance if you are involved in a probate process in Moline IL.
