Legal Question in Wills and Trusts in New York
wills
i'm named in a will that is going to surrogate court, then probate court. should I go to court and be there with representation?
1 Answer from Attorneys
Re: wills
It is not necesaary and highly unusual. All that happens (in about a 15 informal procedure not in a courtroom but at the Surrogate's Office) is that the person designated as the Executor presents the Will for probate and is approved to act as Executor. This person must notify anyone interested of his appointment, the probate of the Will and usually gives each person named a copy of the Will. Most activity occurs outside the Court and ultimately the Executor gives an accounting of his activities to everyone named in the Will and arranges for final distribution of assets after all estate procedures have been completed. If at any time during the estate administration you are not satisfied with what is or has happened, you have the right to apply to the Court to question that activity and have a hearing on your concerns.