Probate is the process by which, in NY, the Surrogate’s Court, determines how to distribute a person’s property after they pass away. It includes proving in court that a deceased person’s will is valid, identifying and inventorying the deceased person’s property, appraising the property, paying the debts and taxes, and distributing the remaining property as the will directs.
Generally, after a person’s death, their will names an executor. If no will exists a person will be appointed by a judge. Then papers must be filed in the local probate court. The executor then must prove the validity of the will and make a presentation before the court listing out your property, debts and who is to inherit the remaining.
This is a very specific process please be sure to consult Woodson Law should you have any questions.
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