Surrogate Probate Process

If your loved one passed away and he or she leaves a last will and testament, the same must undergo the process of probate under the Surrogate Court. To give you an idea of the process of Probate, we must first define the meaning of the term.

Probate is defined as the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. Whereas a Probate is a court-supervised process of distributing and overseeing property after a person dies. The purpose of probate is to determine the wishes of the deceased, pay debts, and to distribute the property according to the decedent’s wishes. Probate process includes the determination of the executor or the appointment of an administrator;

The longer it takes, the more it will cost, leaving potential heirs with less than the deceased may have intended. These are the reasons why people tends to avoid probate process. The question is, can a testator go away with the process of Probate? The answer is in the affirmative. In some state they are allowing avoidance to Probate. If property qualifies for a state’s exemption or a simplified probate process, probate is inapplicable and it is unnecessary to devise methods to avoid probate. Some of the methods of avoiding probate are the following: Revocable Living Trusts, Joint Tenancy and Tenancy by the Entirety and Naming a beneficiary. Transferring assets outside of the probate process can not only save the estate a lot of time and expense, but can also help loved ones avoid years of legal

This is when a court determines whether or not a will is binding, and, accordingly, whether or not to effectuate its provisions. As part of this procedure, the court in Rockland County, New York has various important responsibilities. Most notably, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

The executor of the estate is named in the will and a letters testamentary will be issued by the Surrogate Court. However, if nobody is named as an executor, the probate court in Rockland County, New York will assign an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.

If there is no will left by the decedent, then the Surrogate Court will issue a letters administration and will appoint an administrator that has the same function with that of the