Taxation & Estate Planning

Definition - Probate

By Christopher L. Miller

Probate is a judicial proceeding by which a testamentary document is proven to be a Last Will and Testament. It is begun in New York by filing a Probate Petition with the Surrogate’s Court. Once it is established to the satisfaction of the Surrogate that there is no issue of improper execution or attestation, testamentary capacity, fraud, or undue influence, the document will be “admitted to probate” and given effect as a Last Will and Testament. A Decree is signed and entered so stating, and an Executor is appointed to administer the estate.

Full post as published by Res Publicae - The New York Estates Blog on July 03, 2008 (boomark / email).