What Happens in Probate Court

Probate court is a special court that handles matters related to the administration of a deceased person’s estate. The administration of a deceased person’s estate includes validating the will (if there is any), appointing an administrator or executor, preparing the inventory and its valuation, notifying creditors and settling debts, and distributing the estate to the heirs or beneficiaries. In New York, the probate court is called the Surrogate’s Court.

The Surrogate’s Court also has jurisdiction over the discovery and turnover of a deceased person’s assets, accounting proceedings related to trusts and estates, and will contests, to name a few.

Probate and Administration of Estates in Probate Court

The most common well-known purpose of probate courts is the administration of the deceased person’s estate. When a person dies, his probate estate, which includes property without a designated beneficiary or not under a trust, can only be transferred to the designated beneficiaries or heirs after the estate is settled.

To settle most estates, the first step is to file a petition for probate or administration, depending on whether the deceased died with or without a will. If the deceased died with a will, the nominated executor, called the proponent, submits the will to the probate court together with a petition for probate, requesting that the will be admitted as genuine and authentic. If the deceased died without a will, the nearest relative, usually the surviving spouse or one of the children, file a petition for administration requesting to be appointed as administrator in order to administer and settle the estate of the deceased.

Once appointed as either executor or administrator, administering the estate includes gathering the deceased person’s probate assets, valuing this property for purposes of the inventory, paying debts, and distributing the remaining proceeds to the heirs (who are called distributees) or beneficiaries (if there was a will).

Other Matters Handled by the Probate Court

In each step of the administration of the estate, other important matters may be raised which the probate court has to decide on and which may prolong the administration of the estate.

For example, prior to the admission of the will, a distributee may question the will’s genuineness and authenticity and object to the probate of the will. In this period of objections, the nominated executor cannot be appointed with letters testamentary for the settlement of the estate. The estate lawyer, however, may request the probate court for the issuance of preliminary letters testamentary, limited to the marshalling of the decedent’s assets and the payment of bills. The estate, however, will not be distributed to the designated beneficiaries in the will until the probate court resolves the objections to the will, which could takes months, or even years.

On the other hand, in a petition for administration, there could be several persons requesting to be appointed as administrator. This often occurs in blended families where the surviving spouse, who is the later wife, and the surviving children, who were borne from the first marriage, both file petitions for administration for the same decedent. Before the estate can be distributed, the court will have to resolve the issue of who among the surviving spouse or children are entitled to be appointed as administrator. The probate court’s resolution of this issue can prolong estate administration.

Determining who are the distributees for purposes of distributing an intestate estate is also another matter the probate court has to resolve. This involves a kinship hearing during the accounting proceeding.

In an accounting proceeding, the beneficiaries or distributees may also object to certain items in the accounting of the executor or administrator. This can also prolong the distribution of the estate’s assets.

All of the above incidental matters related to the administration of the decedent’s estate are matters to be resolved by the probate court. Most of these matters may require court hearings to address the disputes and issues that have been raised. The probate court then makes a resolution of the issue based on evidence and applicable law. These are matters that can prolong the estate administration and can cost the estate money, in terms of legal fees and other court costs. For this reason, most adversarial estate matters are resolved through amicable settlement.

It is best to be represented by an experienced attorney, not only in probate and estate litigation but in that particular probate court you are raising your issue to. Should you have probate-related issues before the different Surrogate’s Courts in New York, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].