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