PROBATE PROCEEDINGS

Probate is a formal proceeding in the Surrogate's Court where the Surrogate determines whether a Will is validly executed and genuine and who are the lawful beneficiaries and fiduciaries of a decedent’s estate. In addition, probate provides required parties who have the right to oppose the Will an opportunity to be heard by the court before the Will is admitted to probate. Once the Surrogate deems a Will to be valid, then a fiduciary, usually called an Executor, is appointed to collect all estate assets, pay all lawful debts and expenses, distribute the net proceeds of the decedent’s estate to the beneficiaries, and ultimately report to the court before being released of his/her/their fiduciary responsibilties.