If you are the executor of a will, you may have a lot of questions. Many people wonder about the process of probate and what it entails. Read on to learn more about the probate process in New York.
What is the Process of Probate?
During the process of probate, the court will work to establish whether or not the deceased’s will is valid. In order to begin the process, the executor must file the deceased’s will in the Surrogate Court within the county the individual lived. When this is done, the executor is required to provide the court with certain documents. This can include the death certificate, probate petition, and any other necessary documentation. Once the will is filed, any beneficiaries of the estate will receive notice of where probate will occur.
What to Know About Closing an Estate
Once a will passes through probate, the executor of the estate can continue the remaining responsibilities of the administration. This can include paying off any outstanding debts or taxes, resolve any contests to the will, and distribute the assets within the estate to the rightful beneficiaries. When the court is provided with evidence that the executor finished their job, the administration process can end and the estate can be closed.
What is a Will is Found Invalid?
In some cases, the probate process is not the simple. If the will is found invalid, things can become more complicated. In order for a will to be considered valid, it must meet the following criteria:
- The testator must be at least 18 years old and of “sound mind and memory”
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
If you have any questions about the probate process in New York, our firm is here for you. Reach out today to speak with an experienced and dedicated estate planning attorney. We will walk you through the process each step of the way.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.