For an estate that requires formal probate the process begins by submitting the decedent’s Last Will and Testament (if one is found), along with additional legal documents, to the appropriate Surrogate’s Court in New York. Typically, the person named as the Executor in the Will handles the opening of probate. If no Will was left behind a family member or loved usually begins the probate process and asks to be appointed the Administrator of the estate. If no one steps forward and volunteers to be the Administrator in an intestate estate, the court will appoint someone to fill the position.
Topics covered in this report include:
- What Is Probate and Why Is It Necessary?
- Testate vs. Intestate Estates
- Do All Estates Go Through Probate?
- An Overview of the Formal Probate Process
- The Cost of Probate
- Probate Avoidance Strategies
Click here to read the whole article or download the PDF.
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Latest posts by Anthony Moccia (see all)
- “Last Will and Testament” Origin - April 1, 2021
- Do I Need a “Durable” Power of Attorney? - April 2, 2020
- Joint Tenancy Pros and Cons - March 31, 2020
Leave a Reply
You must be logged in to post a comment.