What is Probate?

You’ve heard the term, but perhaps you are unfamiliar with what it means or how it works. We are pleased to bring you a new series on the topic of Probate, which will cover some of your most asked questions. Let’s start with the basics – What is Probate?

Probate is a court process in which a deceased person’s Last Will and Testament (“Will”) is filed with the local court, typically the local Surrogate’s Court in NY, and in which a judge makes a determination as to whether the deceased person’s Will is a valid Last Will and Testament. Once approved, the judge will declare the named Executor in the Will as the official Executor by issuing a court document called Letters Testamentary. The Letters Testamentary will empower the Executor to act on behalf of the estate to carry out the instructions and wishes set out in the Will. The Executor has no legal authority to act on behalf of the estate until the judge has issued Letters Testamentary.

Each deceased person’s estate is different and depending on the circumstances, the probate process can take considerable time. Stay tuned for the next blog in our Probate Series in which we will discuss whether all Wills must go to probate.

At Makofsky Valente Law Group, P.C. we are here to help with all of your estate planning and other legal issues. We are only an email or phone call away!

The information provided in this email does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.