What is Probate?

If you have a will

When you die, your will goes through a court process called probate. In probate, a judge approves your will and makes sure your belongings go to the people you chose, after any debts are paid.

In New York State, probate happens in a court called Surrogate's Court in the county where you lived.

The court appoints someone to carry out your will. This person is called the executor. The official paperwork confirming their role is called letters testamentary.

Everything you own at the time of your death is called your estate.

When is probate required?

If your estate is worth more than $30,000, it must go through probate when there is a will.

If your estate is worth $30,000 or less, there's a simpler, faster process called a small estate proceeding.

If you die without a will, the process is called administration, not probate.