What is meant by “Probate?
” Upon the death of the testator or testatrix (maker of the will), the probate procedure can begin. This is the legal process which establishes the genuineness of the will. It is done by the Surrogate in the county where the testator or testatrix resided at the time of death. Although the process can begin at any time, the Surrogate cannot issue letters until the 11th day after the death of the decedent. How do I begin the probate procedure? The executor, executrix, or personal representative can be appointed and the will admitted to probate in most cases by going to the Surrogate’s Court with the original will, certified death certificate, and, of the will is not self-proven, at least one of the witnesses who signed the will must prove the signature of the will. How is an administrator appointed when there is no will? When there is no will, an administrator, administratrix, or personal representative is appointed by the Surrogate’s Court. The surviving spouse has the first right to ap
