Probate, Administration and Surrogate’s Court Practice
If an asset is titled solely in the name of a person who died, then it is more than likely that a Probate (Will)or Administration (No Will) proceeding will be necessary. For Probates and Administrations, a petition along with supporting documentation is filed with the appropriate Surrogate’s Court along with a filing fee based on the value of the estate. The closest living family members to the decedent may have to execute documents called Waivers and Consents authorizing an executor or administrator to act as well as allow the Will (if there is one) to be admitted to Probate. The process may take several weeks, several months or longer depending on the complexity of the estate.
Estate litigation arises where an estate representative (Executor or Administrator).