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For Estate Planning, Estate Administration And Disputes

Do not forget this crucial part of probating a will

On Behalf of | May 23, 2024 | Probate |

Probate is a necessary aspect of settling a person’s estate under New York law. For many, this is a complex area of the law and they are unaware of how it works. Coming on the heels of the death of a loved one, it can be difficult to handle.

Probate is a legal requirement for the testator’s will to be proven as valid before their property can be distributed as the will specifies. One issue that people need to be aware of is how the court can be satisfied so probate can commence.

Know how a court is satisfied as part of probate

During probate, the executor who has been selected to oversee the estate will file the will and the death certificate. The clerical parts of the process cannot be ignored. The court will be satisfied when it knows that the will was written and executed by the testator. Problems can arise if there is confusion as to whether the will as presented is the only will or there were other documents that might be construed as a will.

To execute a will legally, the testator must do so in the presence of two witnesses who have no connection to the process. A person who stands to gain from the will would not be considered a disinterested party. It is not uncommon for people who are unhappy with what they are receiving as part of the will to dispute it and file a will contest. The court is obligated to consider allegations that there were problems with the will such as undue influence, coercion or multiple wills.

Executors have vast responsibilities with probate

When a person dies and their estate is settled, understanding all the requirements with probate is imperative. The responsibilities inherent with probate are significant. When there is a will, the executor must follow all the rules to ensure the process goes as smoothly as possible.

For those who are trying to complete the process efficiently and ensure the testator’s wishes are carried out, it is wise to be protected from the start. This may require professional guidance to settle the estate and address challenges as they come up.