Once an individual who leaves a will dies, the probate process begins. The only way probate occurs however, is if the assets value at $30,000 or more for the person who passed away.
In order for any legibility to take place, the will must be admitted to probate by the surrogate’s county court. The court will decide if the will is valid.
The only way the will, will be validated is if two witnesses are present and sign in the presence of one another. The person creating the will has to do so without any duress or influence; it must be done solely of free will.
Probate Process
The original will and a petition with the court has to be filed in order to start the probate process. Next, the court will issue a decree granting probate along with letters Testamentary to the Executor or Executors named on the will after all the issues are addressed and jurisdiction is complete.
If anyone objects to the validation of the will, they can start a will contest by submitting objections to the probate.
The letters testamentary is the document that grants the executor the ability to administer the estate. The executor must take care of the inventory, taxes, paying debt, appraisals as well distributing as the will describes.
You Can Depend on Our Dedicated Rochester Probate Attorneys
The experienced Rochester probate attorneys at Friedman & Ranzenhofer provide exceptional service to residents of Rochester. If you or a loved one needs to contest a will or litigate an estate, contact us today for a legal consultation.
As we move through this new coronavirus crisis together, our law office will remain fully operational. All matters, for the time being, can be handled over the phone, video conference, live chat and via email. Please contact our office if you need any help with the probate process.
