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Estate & Trust Law
Garden City, New York
THE NEW YORK PROBATE PROCESS - LAST WILL & TESTAMENT
When someone dies leaving a Will, the legal process that takes place is called probate. A Will only needs to be probated if the decedent died with assets valued at $30,000 or more. Before the Will has any legal effect, it must be admitted to probate by the Surrogate’s Court located in the county where the person died. In other words, the court must make a determination that the Will is valid. A valid Will must be properly executed and accurately reflect the wishes of the testator.
In order to be valid a New York will must be signed in the presence of at least two
witnesses and each must sign in the presence of the other. The person making the
will must be competent to do so of his or her own free will, and not under any duress
or undue influence.
The probate process is commenced by filing the original Will
and a probate petition with the court. After jurisdiction is complete and all issues
have been addressed, the court will issue a decree granting probate and issue Letters
Testamentary to the Executor or Executors named in the Will. If anyone believes
that the Will is not valid, that person may start a Will contest by filing objections
to the probate.
Letters Testamentary is a document which gives the Executor the authority
to administer the estate. The Executor will be responsible for identifying and inventorying
the decedent’s property, having the property appraised, paying debts and taxes and
distributing the property as the Will directs.
For information of what it means to be an executor, read our Executor’s Guide.
