If your loved one has recently passed, you may have a lot of things on your plate. If you want help understanding probate, please do not hesitate to call our office for legal guidance.
Understanding Probate | What is probate?
Probate is the process of proving that the will of a deceased person (testator) is in fact his or her will and reflects his or her wishes. The purpose of probate is to prove the validity of the will, have the executor appointed and administer the estate. A will may not be probated unless the Surrogate’s Court is satisfied as to the genuineness of the will and the validity of the execution (signing) of the will. A will must be probated to be valid. A will is not operative until it is admitted to probate by the Surrogate’s Court. Admission to probate requires establishing, upon due notice to all required persons, that: (1) the will is the will of the decedent; (2) that it has been signed and witnessed and otherwise executed as required by law; (3) that at the time of its execution the decedent was of sound mind; and (4) that it, indeed, was the last will and testament of the decedent. The execution of a subsequent will revokes an earlier will. When the court is satisfied that the above conditions have been established, the will is admitted to probate and is effective for all purposed, including the transfer of the title to real property. Until such admission to probate, the will has no force and effect and the named executor has not authority.
Understanding Probate | What are the steps in probating a will?
- The executor must notify all individuals and guardians of children or incompetent persons who may benefit for the estate, and other parties.
- The court reviews the following documents: a. Original will. b. Petition for a decree of probate and appointment of an executor c. Death certificate. d. Affidavits of attesting witnesses to the will signing. e. Waivers from heirs.
- The Court issues a decree for probate and letters testamentary which is the official decree of the Surrogate’s Court giving authority and appointment to the executor to carry out his/her duties. Local court rules may require additional documents.
If you need further help understanding probate, please call our Buffalo probate lawyers today to discuss how we can help you in this difficult time.