Understanding the Probate Law At the heart of it, probate is simply a legal process designed to fairly and uniformly address the issues that arise after someone has died. Probate law, also known as the probate code, is a collection of rules that applies to these situations. Every state has its own set of probate laws, though they are largely similar. States also have their own system of courts that are designed to address probate cases. These are usually known as probate courts, though in New York, they are known as Surrogate’s Courts. Understanding the Probate Process To better understand how the probate process works, we can look at a typical example. Let’s say that your grandfather dies with property in his name. What happens next? In order for the probate process to begin, someone will have to go to a New York Surrogate’s Court and notify the court of your grandfather’s death. Once this happens, the court will open a new probate case. It will also appoint someone to manage all of the property and issues your grandfather might’ve left behind. This person will be called the estate administrator, personal representative, or the executor depending on the circumstances. Once the estate administrator has taken over managing the estate, it is the administrator who will mostly be responsible for managing the probate process, though the court will play a supervisory role. The administrator has the responsibility to inventory your grandfather’s estate in order to determine exactly what he left behind. After completing the inventory, the administrator will then have to determine who inherits your grandfather’s estate, whether there are any unpaid bills the administrator needs to pay, and answer similar questions. Planning for Probate Probate in New York can be lengthy, complicated, and potentially very expensive. Luckily, there is a lot the average person can do to minimize the role that probate will play in their estate. By acting in advance and creating an estate plan that addresses key probate issues, you can ensure that your estate will be resolved as quickly and as easily as possible.