When a person passes with a will, it is said that they died “testate.” The process becomes more complicated if a person passes without a will or “intestate.” In these circumstances, the Administration Proceeding should be filed, the process where, generally, the closest heir is provided the power to distribute the estate according to state law. When a person executes a will for his or her estate, the will should be filed in Surrogate’s Court and admitted for probate by the Executor. Probate is a complicated legal matter. Koplen Law has extensive experience working with clients through the process of probating a will. Estate administration will be carried out by the chosen Executor, whether that be an attorney or a trusted individual. Whether you need an attorney to act as the Executor or to support your chosen Executor, our firm is ready to guide them through the process of probate and estate administration. For a consultation, contact Koplen Law for a consultation.
The process of probate functions to prove the validity of a will. Once the court establishes that the filed document is the official Last Will and Testament of the deceased, the Executor of the will shall be granted the power to carry out the wishes of the Decedent, including collecting and protecting assets, paying debts, allocating assets to beneficiaries, and closing the estate.
The Executor will file the will for probate in the Surrogate’s Court in the county where the Decedent resided. In addition to the will, the Executor must provide:
The probate petition must be filed with the Executor’s identification and a list of heirs. The heirs should be served with a citation, giving the Surrogate’s Court jurisdiction over them and the authority to determine the right of interested parties. The citation generally notifies the heir of the Executor’s actions, including filing the will and declaring the authority to administer the will. Without issue, the Executor can carry out the wishes of the estate through the probate process.
The probate process is complicated. The Executor will:
Once the beneficiaries sign off that the Executor has fulfilled his or her fiduciary obligation to the estate, the estate can be closed.
Koplen Law takes a knowledgeable and efficient approach to probate matters. We are experienced in avoiding the pitfalls that can jeopardize an estate’s assets and we work to ensure that they are distributed properly and in accordance with your wishes. For more information or to schedule a confidential consultation, contact Koplen Law today.