Probate Proceedings


Table of Contents

Probate Proceedings in New York

Probate Proceedings in New York: Navigating the Complex Process

Chapter 1: What is Probate?

Probate is the legal process of settling a deceased person’s estate. It involves proving the will’s validity, identifying assets, paying debts, and distributing the remaining assets to beneficiaries. In New York, probate proceedings typically occur in the Surrogate’s Court.

Chapter 2: Different Types of Probate

New York offers different types of probate proceedings:

2.1 Informal Probate

Informal probate is a simplified process used when the deceased person’s will is uncontested. The court oversees the process, ensuring the will is valid, and appoints the executor.

2.2 Formal Probate

Formal probate is necessary when concerns about the will’s validity or disputes arise. The court closely supervises the process, allowing interested parties to contest the will.

2.3 Ancillary Probate

Ancillary probate comes into play when the deceased person owned property in multiple states. This process ensures that out-of-state property is properly transferred to beneficiaries.

Chapter 3: The Probate Process

The probate process involves several key steps:

3.1 Filing the Will

The will is submitted to the Surrogate’s Court, and the court determines its validity.

3.2 Appointing an Executor

If the will is valid, the court appoints an executor to manage the estate.

3.3 Asset Inventory and Appraisal

The executor identifies and values the assets within the estate.

3.4 Settling Debts and Taxes

Outstanding debts, taxes, and expenses are paid from the estate’s assets.

3.5 Asset Distribution

After debts are settled, the remaining assets are distributed to beneficiaries in accordance with the will.

Chapter 4: The Importance of Legal Guidance

Seeking legal guidance during the probate process is highly recommended:

4.1 Expert Advice

An experienced probate attorney can help you choose the appropriate type of probate and navigate the complexities.

4.2 Avoiding Disputes

An attorney can assist in minimizing disputes and ensuring a smoother probate process.


The probate proceeding in New York involves various proceedings designed for different circumstances. At Morgan Legal Group PLLP, we understand the intricacies of probate and offer expert legal assistance to guide you through the process.

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