The probate of a Last Will and Testament is essentially the procedure by which a Will is validated by the Surrogate’s Court. The New York trust and estate laws contain many provisions which are intended to protect the sanctity of a Will and insure that the intentions of a decedent are carried out.
First and foremost are the provisions contained in Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets forth the various requirements for the signing of a Will. There is a requirement that the Will be written, that there be at least two (2) attesting witnesses and that the Will be signed by the testator at the end.
The basic requirements found in the statute ensure that a decedent’s wishes which are expressed in the document are legitimately preserved. When a person dies it is apparent that he is no longer around to certify and authenticate the dispositions that he set forth in the document. The New York Probate Lawyer Blog contains numerous articles explaining and discussing the probate process. New York probate and estate lawyers are familiar with the estate laws.