When someone passes away, the distribution of their assets depends on whether they left a valid Will and the relationships of their surviving relatives. Probate law ensures the decedent’s wishes are honored and their estate is properly managed.
What is Probate?
Probate is the legal process of validating a deceased person’s Will. Overseen by the Surrogate’s Court, it involves filing the Will and obtaining approval. Once validated, the Executor named in the Will distributes the estate according to the decedent’s wishes.
For estates valued under $50,000, a simpler Voluntary Administration process may apply. If no Will exists, an administration proceeding is required.
Filing for Probate
The Executor files the following documents in the Surrogate’s Court where the decedent lived:
- The original Will
- A certified death certificate
- A probate petition
Some counties in New York allow electronic filing via the NYSCEF system, the New York State Courts Electronic Filing system. Check to see if you can do this on the e-filing County List for your Surrogate’s Court.
Notifying Heirs and Beneficiaries
Family members entitled to inherit under state law (distributees) must be listed in the probate petition and notified via a legal notice called a citation. Beneficiaries named in the Will must also be notified. Distributees can consent to the Executor’s appointment or contest it in court.
Costs and Complexity
The filing fee is based on the estate’s value. Due to the complexities of probate, consulting a qualified attorney is often recommended, especially for larger or contested estates.
Probate ensures a decedent’s estate is distributed according to their wishes. Understanding the process can help families navigate it smoothly. For more guidance, consult your local Surrogate’s Court or a probate attorney.
Disclaimer: We are not attorneys and therefore we are not offering legal advice.
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