Q: If I am named executor in a will, is it necessary to file the will in probate court after the death has occured?
A:
It depends on a lot of factors. Is there real estate to be distribute? how large are the assets in the estate? Are there conflicts regarding distribution? Did the deceased have a lawsuit pending, or will there be a lawsuit filed against the deceased? The questions go on and on.
What you should consider is making an appointment with the probate clerk for the Circuit Court of the county where the deceased last resided. The clerk may ease some of the questions. You could also obtain a free or low cost initial consult with an attorney. Look for someone who states that they are experienced in "estate administration." An attorney might be more up front.
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