This is a\u00a0 common question asked by clients.\u00a0 “Probate” is the process by which the court, which in New York State is called the Surrogate’s Court, determines whether or not a document is a valid Last Will and Testament\u00a0 of a deceased person.\u00a0 If the Surrogate’s Court determines that the document submitted is a valid will, the court will issue a document called “Letters Testamentary” officially appointing the person nominated as Executor in the will.\u00a0 The Executor can then collect assets of the decedent, pay bills and distribute assets to the will’s beneficiaries.<\/p>\n
Usually probate is a fairly straight forward procedure. Upon a person’s death, the will, a death certificate, the probate petition and related affidavits and consents are filed with the Surrogate’s Court.\u00a0 If the court determines the will has been properly executed, necessary consents have been obtained and the petition has been properly completed, the will will be admitted to probate and Letters Testamentary will be issued, usually,\u00a0 within one month.<\/p>\n
What then can cause complications and delay?\u00a0 That’s the subject of my next post, so stay tuned…..<\/p>\n","protected":false},"excerpt":{"rendered":"
This is a\u00a0 common question asked by clients.\u00a0 “Probate” is the process by which the court, which in New York State is called the Surrogate’s Court, determines whether or not a document is a valid Last Will and Testament\u00a0 of … Continue reading