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September 29, 2017

          Probate is the legal process that takes place after a person’s death. The process may include collecting assets, identifying which property is to be distributed by the Will, obtaining appraisals of estate property and paying off debts, taxes or other liabilities of the deceased individual. The final phase is to distribute the remaining property according to the terms of the Will or in accordance with New York State intestacy law, if there is no Will.

         Typically, probate involves filing a Petition with the Surrogate’s Court within the County where the decedent was domiciled (where the decedent resided). This Petition is called a Probate Petition (if there...

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