03/06/2015 Understanding the Probate Law
At the heart of it, probate is simply a legal process designed to
fairly and uniformly address the issues that arise after someone has
died. Probate law, also known as the probate code, is a collection of
rules that applies to these situations. Every state has its own set of
probate laws, though they are largely similar.
States also have their own system of courts that are designed to
address probate cases. These are usually known as probate courts, though
in New York, they are known as Surrogate’s Courts.
Understanding the Probate Process
To better understand how the probate process works, we can look at a
typical example. Let’s say that your grandfather dies with property in
his name. What happens next? In order for the probate process to begin,
someone will have to go to a New York Surrogate’s Court and notify the
court of your grandfather’s death. Once this happens, the court will
open a new probate case. It will also appoint someone to manage all of
the property and issues your grandfather might’ve left behind. This
person will be called the estate administrator, personal representative,
or the executor depending on the circumstances.
Once the estate administrator has taken over managing the estate, it
is the administrator who will mostly be responsible for managing the
probate process, though the court will play a supervisory role. The
administrator has the responsibility to inventory your grandfather’s
estate in order to determine exactly what he left behind. After
completing the inventory, the administrator will then have to determine
who inherits your grandfather’s estate, whether there are any unpaid
bills the administrator needs to pay, and answer similar questions.
Planning for Probate
Probate in New York can be lengthy, complicated, and potentially very
expensive. Luckily, there is a lot the average person can do to
minimize the role that probate will play in their estate. By acting in
advance and creating an estate plan that addresses key probate issues,
you can ensure that your estate will be resolved as quickly and as
easily as possible.
We are an estate and elder law planning law firm in Brooklyn, New York, whose mission is to provide families with quality estate and Medicaid planning resources. When you visit or call our office, we want you to feel comfortable discussing such an important issue concerning both you and your…
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