Probate

After you die, and assuming you have a Will, it will need to be Probated. That means for it to have any legal effect it must be admitted to Probate by the Surrogate’s Court located in the County where you die. In other words, the Court must make a determination that the Will is valid. It must have been properly executed and accurately reflect your wishes. A Will that is not admitted to Probate will have no effect. The process begins by filing the original Will and a Probate petition with the Court. Once the Court determines that it has jurisdiction and all issues have been addressed, the Court will issue a decree granting Probate and issue Letters Testamentary to the Executor or Executors named in the Will. Letters Testamentary is a document which gives the Executor or Executors named in the Will the authority to administer the estate.