Probate and Administration

Procedures used when a person passes away.

Probate

Probate is the procedure used when a person passes away with a validly executed Last Will and Testament. The Executor of the estate will file the last will and testament with a surrogate court of the appropriate county to become appointed as the Executor of the Estate. Once appointed the Executor will collect and distribute the proceeds of the decedent according to their wishes in their Last Will and Testament.

Administration

This is the process used when a decedent passes away without a Last Will and Testament (also known as intestacy).  During this proceeding a responsible person with a interest in the decedents estate will petition the surrogate for appointment of administrator.  Much like in a probate the administrator will gather the assets of the decedent and then distribute them according to the Intestacy Statute in the Estate Powers and Trust Law.

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