Probate is the process in which a Will is submitted to Court by the proposed Executor after the person who signed it passes away. In New York, the Will must be accompanied by a petition signed the Executor. In addition, those individuals who would have inherited had the decedent died without a Will, typically one’s closest relatives, need to consent to the Last Will and Testament being probated, or they need to be cited and come to Court to present any objections. For those who may have family members unwilling to consent to the Will, probate can be a long and expensive process.

Assets which are in the deceased person’s name with no beneficiary or co-owner designated will have to go through probate. Assets in trust are not part of a probate proceeding. 

How long does the probate process typically take?  

In varies from county to county and State by State but can take months or even years.

The Executor is the person nominated to manage and administer the estate. They must sign a petition and send it with the original Will in order to start the probate proceeding. 

Yes; with proper estate planning, probate can be avoided easily.