Probate

The process that transfers legal title to property from a decedent to the beneficiaries. If a person dies with a will (testate), the probate court, Surrogates Court in New York, determines if the will is valid, hears any objections to the will, orders that creditors paid, and supervises the process to assure that property is distributed by the personal representative or executor according to the terms of the will.

If a person dies without a will (intestate) the probate court appoints an administrator who receives all claims, pays creditors, and then distributes all property according to the laws of the state.

In New York, the Surrogate's Court has jurisdiction over probate proceedings. Probate proceedings apply when the decedent left a will and the estate is worth more than $30,000. If the decedent died without a will the proceeding will be an Administration.

New York has a simplified "Small Estate Affidavit Program" for estates worth under $30,000. This program is not available if the decedent owned any real property in solely in his/her name.

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Probate

Estate Planning Glossary