Written by attorney Maria Lianos Johnson

Probate a Will

To begin, it is important to understand what it means to probate a Will. Probate is the court process whereby a Will is "proved" and accepted by the Surrogate’s Court as a valid document that is the true last testament of the decedent. The probate of a Will also serves to appoint the executor of the estate. The Surrogate’s Court generally requires that the original Will of the decedent be presented for probate. However, if the original Will has been lost, the law allows for a lost Will to be admitted to probate if certain conditions can be met.

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