What is the Probate Process in New York?
- File the Petition for Probate: The first step is to file a petition for probate in the Surrogate’s Court in the county where the deceased person resided. This petition should include the will and death certificate.
- Notify Heirs and Beneficiaries: After filing the petition, the petitioner must notify all heirs and beneficiaries named in the will, as well as any known creditors.
- Appointment of Executor or Administrator: The court will appoint an executor or administrator to manage the probate process. If there is no will, the court will appoint an administrator.
- Identify and Value Assets: The executor or administrator must identify and value all of the deceased person’s assets, including bank accounts, real estate, personal property, and investments.
- Pay Debts and Taxes: The executor or administrator must pay all debts and taxes owed by the deceased person, including funeral expenses, outstanding bills, and estate taxes.
- Distribute Assets: Once all debts and taxes are paid, the executor or administrator can distribute the remaining assets to the heirs and beneficiaries named in the will.
- File Final Accounting: The executor or administrator must file a final accounting with the court, detailing all assets, expenses, and distributions made during the probate process.
- Close the Estate: Once the final accounting is approved by the court, the executor or administrator can close the estate and distribute any remaining assets to the heirs and beneficiaries.
Glossary of Probate Terms and Definitions
- Administrator: A person appointed by the court to manage the estate of a deceased person who did not leave a will.
- Beneficiary: A person named in a will who is entitled to receive assets from the deceased person’s estate.
- Decedent: A deceased person.
- Estate: All of the assets and liabilities left by a deceased person.
- Executor: A person named in a will who is responsible for managing the deceased person’s estate.
- Heir: A person who is entitled to receive assets from the deceased person’s estate under the laws of intestacy.
- Intestate: A person who dies without leaving a will.
- Letters Testamentary: A legal document issued by the court that gives an executor the authority to manage the deceased person’s estate.
- Petition for Probate: A legal document filed with the court that requests the appointment of an executor or administrator to manage the deceased person’s estate.
- Probate: The legal process by which a deceased person’s will is proved to be valid and the assets of the estate are distributed.
- Probate Court: The court that handles probate matters, including the appointment of executors and administrators, the approval of wills, and the distribution of assets.
- Real Estate: Land and any buildings or other structures located on the land.
- Surrogate’s Court: The court that handles probate matters in New York State.
- Testate: A person who dies leaving a valid will.
- Will: A legal document that sets out a person’s wishes for the distribution of their assets after they die.