Sometimes, probate happens even when there is a will, a living executor and a clear chain of inheritance. State law requires that an estate that is worth over $100,000 and has assets that are solely owned must go to probate. The purpose of having the court monitor the disposition of the assets listed in the will is to ensure that all outstanding debts are settled, all disputes (if any) are resolved and that there are no encumbrances upon the estate remain. It is the duty of the executor to fill out the paperwork and get a tax ID number from the IRS as well. All of this is a lot of work, and a Probate Lawyer in Westmont can help take on a lot of the work.
The process begins when the executor files the will with the probate court. If probate is deemed necessary for the estate, the executor has to fill out paperwork and file it as well. While the paperwork is designed to be filled out by those who have no legal expertise, it is not uncommon for the estate to hire a probate lawyer to do the work instead. An executor may not have the time or ability to do the extra work as required by law.
Another job of the executor is to notify all of the known family of the passing of their relative. This has to be done even if people are not named in the will. If there is no will, these individuals may stand to inherit and need to be notified.
During probate, the executor is the guardian of all of the assets of the estate and distributes those assets to the named heirs. The executor also has the job of paying for expenses incurred by the decedent such as funeral costs and taxes owed on the estate. The duty also has the leeway to sell off assets in order to pay for any debts before anything is released to heirs.
This is just some of the work that the job of executor entails. In the event that the executor is unable to do their duties, a lawyer can be retained and paid for by the estate to settle the estate and close it out. Visit Dan Walker Law Office.
