New York State Probate Process
The probate process in New York is the process though which the property a person leaves behind after death is passed on to new owners. The laws governing this process, generally known as the probate code, establish procedures and rules that dictate how and when estate property is inherited. Talk to a New York estate planning attorney for legal advice about any probate law issues you have.
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Opening the Estate
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A probate case begins when a person dies. If that person left behind a last will and testament, it is up to anyone with a copy of the will to bring it before the New York Surrogate's Court in the county where the decedent lived. The will must be brought to the court's attention by filing a probate petition along with the will and other documents, such as the death certificate.
Appointing the Executor
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Once the Surrogate's Court opens a probate case, the next step is usually to validate the will and appoint an executor. To prove that a will is valid, the court may call upon the witnesses who saw the testator sign the document, or hold a hearing to determine if the testator was of sound mind at the time he wrote the will. Whether the will is determined valid or not, the court must appoint an executor to oversee the estate process. It is the executor who is responsible for distributing estate property.
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Settling the Estate
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The process of gathering all estate property, paying off outstanding debts and distributing inheritances to the heirs of the estate is generally known as settling. This process can take a long time, often a year or more, though estates in value of $20,000 or less can go through an expedited process known as "voluntary administration." Otherwise, it is up to the executor to settle the estate and then report to the Surrogate's Court once the process is finished. If the court finds that the estate has been settled properly, it will close the case.
Estate Property
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Many people are confused about what kinds of property get disposed of through the estate process. In general, the property owned solely by the decedent is subject to the probate process. This does not include, for example, bank accounts owned jointly by the decedent and the spouse. Other property, such as life insurance payments, are paid directly to a beneficiary as the terms of the insurance policy dictate and are generally distributed outside the probate process.
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