The Responsibilities of an Executor
The executor of an estate has an obligation to carry out the last wishes of a deceased person. He or she also has an obligation to settle debts and otherwise settle an estate’s affairs in accordance with the law. In some case, legal representation may be needed to ensure that these obligations are met at all times.
Determine If Probate Is Necessary
The probate process is designed to determine if a person has a valid will, and it is also designed to hear challenges to that will. However, there are scenarios in which assets may be distributed without the need for probate. For instance, assets held in a trust are considered to be outside the estate.
If a bank, investment or retirement account is properly titled, it may also pass to a beneficiary without the need for probate. It is important to point out that those who own property in multiple states may need to go through probate multiple times depending on how it is titled.
Executors Represent the Estate in Court
One of the crucial duties of an executor is to act as the estate’s representative in court. This means that you would have to show up to court hearings or otherwise participate in legal proceedings. Depending on the size and complexity of an estate, it may be worthwhile to hire a probate attorney in Las Vegas to handle these issues. At a minimum, you could rely on legal counsel to answer questions or provide general advice as needed.
The Role Can Be Relinquished at Any Time
At any time, you have the right to resign your role as executor of an estate. As a general rule, there is no need to give a reason as to why you no longer want the job. The probate court can take steps to appoint a new executor if an alternate is not named in a will or other document.