• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Understanding Probate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Skyblue99

Guest
What is the name of your state?
New York is the state.

I am trying to understand probate. What exactly are the procedures? Is probate only to prove the Will valid and once it is the executor proceeds to transfer to beneficiaries? Are documents given to the executor to take to the bank for transfer of bank accounts that are willed to a beneficiary and for transfer of a house to the beneficiary's name?
 


A

ALawyer

Senior Member
Probate includes submitting the Will to Surrogate's Court and after due notice, allowing other heirs at law to object to it on grounds of error, fraud, mistake, lack of proper execution, etc.

If after proper notice no one comes forth to object the court typically orders it admitted to probate and appoints the named executor. The executor then gathers the assets and pays claims including taxes and then distributes the assets to the proper beneficiaries.

Once the executor completes the mission he or she seeks court approval of his or her duties and receives payment of executor's fees and is discharged.
 
Last edited:
D

Dandy Don

Senior Member
Soon after filing the will you will receive documents called letters testamentary from the court (if you are executor), authorizing you to claim any and all assets. Using estate monies, you will need to obtain a title/deed for the home from a local title/abstract company and during probate get the name changed to reflect the name of the new owner/heir.
 
S

Skyblue99

Guest
Probate/Thank you for your information

Thank you very much for the detailed information. I appreciate it.

May I ask also, if the other heir is a minor and a family member other than the parent is named trustee in a will of the minor's monies would the parent of the child have to be notified? :eek:

ALawyer said:
Probate includes submitting the Will to Surrogate's Court and after due notice, allowing other heirs at law to object to it on grounds of error, fraud, mistake, lack of proper execution, etc.

If after proper notice no one comes forth to object the court typically orders it admitted to probate and appoints the named executor. The executor then gathers the assets and pays claims including taxes and then distributes the assets to the proper beneficiaries.

Once the executor completes the mission he or she seeks court approval of his or her duties and receives payment of executor's fees and is discharged.
Click to expand...
 
S

Skyblue99

Guest
Probate/Thank you as well

Thank you as well for this information. :)
I didn't quite understand what you meant by "from a local title/abstract company" though.
Thanks again.

Dandy Don said:
Soon after filing the will you will receive documents called letters testamentary from the court (if you are executor), authorizing you to claim any and all assets. Using estate monies, you will need to obtain a title/deed for the home from a local title/abstract company and during probate get the name changed to reflect the name of the new owner/heir.
Click to expand...
 
D

Dandy Don

Senior Member
Usually there is one or more title/abstract companies in a city or county that has records on all house deeds in the area and you can get that information about what company to contact in your area by looking in your local yellow pages or by asking a real estate agent.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top