Attorney Q&A’s

What is probate?

Probate is the legal procedure your estate goes through after you pass away.

When a person dies in New York and they have a Will, the Will must be proven valid before the estate assets (property) is distributed to the proper heirs. This is done through the process of Probate in the Surrogate’s Court in the county where the deceased had their primary residence.

During probate, the Will must be proved satisfactory to the Surrogate’s Court Judge.

Once that’s done, the Executor named in the Will is appointed to distribute the deceased’s estate according to the wishes outlined in the Will.

Surrogate’s Court oversees the entire process.

Probate proceedings can be very complicated and, in most cases, it’s best to hire a lawyer to help with the probate and administration of the estate. 

If you would like to write a Will, or need help administering a loved one’s estate, give us a call.

Phone: (518) 855-3535


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