After Deatherror

When a person dies leaving assets in his name alone or in joint names with another person other than a spouse, it will be necessary to present the Will to the Surrogate for probate. The Will is presented to the Surrogate in the county wherein the decedent resided at the time of death.

The Executor will need to present the original Will, certified copy of death certificate and a list of names and addresses of the closest next of kin to the Surrogate. Papers are prepared by the court and signed by the Executor. The legal review of the documents by the surrogate is the probate of the Will. If all requirements are met, the Will is admitted to probate and certificates are issued to the Executor. These certificates allow the Executor to execute documents formerly completed by the decedent such as transfer automobiles, bank accounts, investment accounts, etc.

The original Will is retained by the Surrogate and filed and recorded in the Surrogate’s Court. The Will becomes a public record and is listed in the general index.

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