When a person dies and leaves a Last Will and Testament, the typical course to follow is to probate the Will. This Blog has published many posts concerning the probate process. The Will is filed with the Surrogate’s Court in the county where the decedent had his primary home. A Probate Petition is also filed with the Court which asks the Court to admit the Will to probate. Essentially, the request is to have the Court validate the document so that its provisions can then be followed in distributing the decedent’s estate assets.
After a Will is admitted to probate, letters testamentary are issued to the nominated Executor. In the probate proceeding, the Court issues a Citation which provides official notice to the decedent’s next of kin asking them to advise the Court as to whether they intend to object to the Will. Continue reading →