PROBATE PROCEEDINGS AND PROBATE LAWYERS IN NEW YORK

What does to "probate a will" mean? It means to obtain an order of the Surrogate's Court recognizing the will as the last will and testament of the decedent, and to then carry out the terms of the will.

Albany, NY (prHWY.com) March 3, 2012 - When someone dies with a will, and you are named in the will to be the Executor, and assuming you are willing to serve as Executor, what should you do? The answer, usually, is to speak with a probate lawyer, keeping in mind that the estate pays for the assistance of a probate lawyer and not you personally.

When someone dies with a will, a probate proceeding is usually required. The proceeding will take place in the Surrogate's Court of the county in which the decedent was domiciled when he or she died. The proceeding begins with your application (the petition) to the court to be appointed as Executor.

What does to "probate a will" mean? It means to obtain an order of the Surrogate's Court recognizing the will as the last will and testament of the decedent, and to then carry out the terms of the will. Obtaining this order is usually the first thing that your probate lawyer will want to do.

The documents that your probate lawyer will prepare and file with the Court in order for you to be appointed the Executor usually include the following:

- Probate petition.

- Original will, along with original witness affidavits.

- Waivers and consents consenting to your appointment as Executor, from those persons who would have a right to be appointed as the estate representative if there were no will.

- Proof of mailing of a notice of probate to each person named in the will who does not have an equal or prior right to be the estate representative.

- Original death certificate.


When you are appointed as Executor, you will receive "letters testamentary" and certificates to evidence your appointment.

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Tag Words: revocable trusts

Categories: Law

Press Release Contact
Wayne Burton Law
29 WARDS LANE
ALBANY, NY 12204
518-449-3107 Ext.120

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