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Probate of Wills

Probate of Wills

In the case where the Deceased person signed a Last Will and Testament during the person’s lifetime with all the statutory testamentary formalities properly observed, the nominated Executor files a Probate Petition with the applicable Surrogate’s Court. That Petition

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Identifies the proposed Executor and the Deceased, including date and place of death.

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Provides the specific date of execution of the Will and any Codicil (amendment) executed after the date of the original Will.

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Identifies the closest living family members of the Deceased according to the statutory formula.

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Identifies every person named in the Will in any capacity.

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Provides a preliminary estimate of the total value of the assets that are expected to pass under the Will.

The Petition seeks a Decree issued by the Surrogate Judge, to the effect that the Will is determined to be properly written and executed, and that the individual designated to be Executor in the Will shall be authorized to act as such.

It is important to understand that the law in New York State invites – it does not encourage, but the law does invite – a challenge to the actual Will and the appointment of the Petitioner Executor in every case. The potential challenge is obviated in most instances by the signing of a document known as a Waiver and Consent, in the presence of a notary, by every family member who would stand to inherit any of the Decedent’s property or assets in the absence of a Will. The Waiver and Consent is a declaration that the signer accepts the validity of the Will and the appointment of the Petitioner to be the Executor.

A complete Probate Petition package entails multiple other documents and procedures, depending upon the rules of the particular County in which the proceeding is being initiated. At LacherLaw, we begin each Probate engagement with detailed discussions of the family dynamics of our clients, as well as the anticipated assets that will be distributed at the end of the proceeding. Then we prepare the necessary documents and arrange for filing with the Court. We follow the statutory requirements for issuance of a Citation in those instances in which one or more family members refuse to sign a Waiver and Consent. We represent our clients in the event of a Will contest or in the case in which a Guardian ad Litem is appointed by the Court for close family members who are under the legal age of majority or who fall into certain other categories, and we conclude the matter with Releases and/or a final Accounting as appropriate.

If you have lost a loved one or close family friend who has designated you to be Executor, you cannot navigate the Probate process on your own. Schedule an appointment with David Lacher and we will be privileged to assist you through this difficult time.