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What is probate?

What is probate?

Probate refers to the process involved in estate administration that proves the validity of legal documents. This process involves the validation of legal matters regarding a deceased person’s possessions and assets. While they are alive, they plan for their estate administration to name certain beneficiaries and what they will gain possession of. After they pass away, the family will not have to worry about dealing with the distribution of the possessions. Instead, everything will be laid out for the executor.

Who is an executor of an estate?

The executor is the individual who is named to distribute the possessions of the deceased person to beneficiaries. The job of the executor does involve a few responsibilities. The main thing is that they follow the wishes of the deceased individual according to the plans they have laid out in valid documents.

What documents are involved in probate?

A will is a legal document that undergoes the probate process to prove that it is valid in the eyes of the court. When a will is made by someone, they will outline who they want their possessions to go to. They may also choose an executor of their will. This person is in charge of making sure that the proper possessions are given to the right people. As an executor, they will have substantial responsibilities that require their cooperation.

How do I begin the probate process after someone dies?

After a loved one dies, the executor of the estate will file for probate in the Surrogate Court in the county where the deceased individual resided. The will is one of the documents that needs to be provided. In addition to that, the executor will need to provide the death certificate, the probate petition and other supporting documents. The probate petition has to be filed with the executor’s identification and a list of heirs. The heirs should then be served with a citation, which gives the Surrogate court jurisdiction over them. This means that the court will have the authority to determine the rights of interested parties. Through the citation, the beneficiaries of the estate will be notified of the executor’s actions.

Matters related to bankruptcy and estate planning are very significant in one’s life and require the services of an experienced attorney. Our firm proudly serves clients throughout Rockland County and New York State. If you need effective legal guidance, contact Koplen Law today to schedule a consultation.

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