Posted on January 28, 2019

What is Probate?

When most people think of probate they think about avoiding probate.  But what is probate – what does it mean? You might be surprised but the word probate really has two definitions.

The first definition is to “probate the will” – that means submitting the will to the Surrogate in the county where the person died and having it determined to be valid.  At the same time the executor named in the will is qualified by the Surrogate and empowered to do his or her job administering the estate.

The second definition is to “probate the estate” or “the probate process” – that is the process of administering the estate.  It means to do the work needed to collect the assets of the estate, pay the debts, pay the taxes and distribute the proceeds to the beneficiaries named in the will.

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