These courts oversee: • The probate and validation of Wills. • The appointment of Executors to manage estates with a valid Will. • The appointment of Administrators for estates of individuals who die without a valid Will. • Resolving disputes related to the validity of a Will or the administration of an estate. ROLE OF SURROGATE’S AND PROBATE COURTS THE PROBATE PROCESS: FILING, NOTIFICATION, AND APPOINTMENT OF THE EXECUTOR Probating a Will is the first step in any estate administration. The Executor must locate the original Will to file with the court along with the Will witnesses’ affidavits, notices of probate, and the petition for probate. State laws require that all beneficiaries and fiduciaries named in a Will, as well as all of the distributees, be notified that the Will is being submitted to probate. Distributees and any person who would be adversely affected by the probate of the Will are given an opportunity to appear in Court to object if they do not sign a waiver indicating consent to probate. If no one has any objection to the Will and the court believes that the Will is valid, it will be admitted to probate and the person named therein will be appointed as Executor. Recognizing that probate can be expensive and time-consuming, each state provides ways for a small estate to be distributed without going through the full probate process if there is no real estate. The size of the estate or the types of assets determine which procedure should be followed.
THE SIZE OF THE ESTATE OR THE TYPES OF ASSETS DETERMINE WHICH PROCEDURE SHOULD BE FOLLOWED.
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