Wills and the Role of Probate Court

Probate is the process by which a person's last will is validated by the Court.  When a person dies, the last will is filed with the Court.  The probate proceeding involves the preparation and presentation to the Court of various papers and notice to the decedent's next of kin. Wills and probate court can be very complex.

In most instances, the probate proceedings are straight forward and the last will is admitted to probate or validated by the Court. The Court will then generally appoint an Executor who can administer the estate and distribute the estate assets according to the Will provisions.

Occasionally, the validity of the last will may be contested or the Court may determine on its own that certain formalities or aspects of the last will presented to it prevent the court from admitting it to probate.

Since the decedent is no longer alive to tell or explain his or her desires, it is up to the Court to make sure that the Last Will filed with the Court is a valid document expressing the decedent's wishes. Wills and probate court protect the decedent's estate plan.

I have many years of experience working with and advising clients in probate proceedings and the creation and implementation of estate plans that effectively express the clients’ personal desires regarding the disposition and protection of assets. while providing potential tax advantages and security for family and beneficiaries. I graduated in the top 10% of my class at The New England School of Law in Boston and served on the prestigious “Law Review.”

Do you need a lawyer or have any questions about a probate matter or your estate? Contact me by phone at (212) 355-2575 or by e-mail