Probate

If a person dies with a will, the will must be validated. In order for a will to be recognized as a valid legal document, it must be submitted to the court. This is done through a legal process called probate.

Requirements for Probate

• A will cannot be submitted to probate until 10 days after the person’s death.
  
• After 10 days, the executor must take the will and a certified copy of the death certificate to the Surrogate’s Court in the county where the person died.

The probate authority determines whether:

• The will was properly executed as required by law;
  
• The person who died was competent to execute the will;
  
• The person who died was improperly influenced or persuaded to make the will.

If the will was properly executed, the judge of the Surrogate Court will give authority to the Executor to act on behalf of the estate.