Probate is the administration of your estate under the supervision of the Surrogate’s Court.  The probate estate is all property held solely in the decedent’s name.  This does not include property held by the decedent jointly with another person or assets held in trust or for the benefit of another.

To probate an estate a probate petition is filed in the Surrogate’s Court along with a certified copy of the death certificate and the decedent’s will.  The Court appoints the executor named in the will as the person who will handle the administration of the estate.  The executor will have to file a surety bond unless waived and must serve notice of the probate proceeding on all the decedent’s heirs and beneficiaries.  Heirs are the relatives that would ordinarily inherit the estate if there was no will and beneficiaries are the people who will inherit under the terms in the will.  Of course very often beneficiaries are heirs of the decedent. 

The executor must collect the assets of the deceased and pay the deceased’s debts and the costs of the administration of the estate.  If the estate is over a certain value the executor must file a U.S. and a New York Estate tax return.  The executor will usually select an attorney who will guide and assist in the administration of the estate; filing of tax returns etc.  Prior to distribution of the assets an accounting is filed with the Court and served on all the distributees.