Essentially, probate involves determining the value of assets, satisfying leftover debt and taxes, and authorizing the executor or administrator of a will to distribute the remaining estate to the correct heirs and beneficiaries. The probate process also ensures that the wishes in the deceased’s will are carried out faithfully. Read on to learn more about the process of probate in New York. 

What is an Executor?

Typically, when estate planning, you will choose an executor. An executor will be in charge of handling and distributing your estate in the event of your passing.

How do you File a Will to Probate?

The executor of the will has the responsibility of filing the document with the Surrogate’s Court in the county where the deceased resided. At this time, the executor also must provide the death certificate, the probate petition, and other supporting documents. The probate petition declares the executor’s identification and a list of heirs. Once filed, the heirs of the estate should receive a citation that will establish:

  • The Surrogate’s Court where probate will occur
  • The rights of all interested parties
  • The executor’s responsibilities (which include filing the will and taking the authority to administer the will)

What are Some of the Executor’s Other Responsibilities?

The role of executor is a big responsibility. In many cases, the executor will be responsible for: 

  • Collecting and protecting assets
  • Paying taxes and debts of the decedent
  • Allocating assets to beneficiaries
  • Developing and providing a detailed accounting to the court

If you have any questions or concerns about the probate process, reach out to our firm today. We are here to walk you through the process every step of the way.

Contact our Firm

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.