Probate
Probate is the court process, handled in New York by Surrogate’s Court, that validates a will and oversees distribution of an estate. Not every estate requires probate. Bartolomeo & Perotto Funeral Home offers this general guidance and recommends an attorney for case-specific questions.
What Probate Is
Probate validates a will, if one exists, and gives the named executor authority to manage and distribute the estate, handled through Surrogate’s Court in the county where the deceased resided, for most families served by the firm, Monroe County Surrogate’s Court.
When Probate May Not Be Needed
Jointly owned property, accounts with a named beneficiary, and life insurance with a named beneficiary can pass outside of probate.
How Long Probate Generally Takes
Timing varies considerably; a straightforward estate may resolve in months, a contested one can take considerably longer.
Frequently Asked Questions (FAQs)
What is probate?
The court process that validates a will and oversees distribution of an estate, in New York through Surrogate’s Court.
Is probate always required?
Not always; some assets pass outside of probate depending on how they’re titled.
How long does probate typically take?
A straightforward estate may resolve in months; a contested one can take considerably longer.