Probate
Probate comes from the latin verb which means “to prove.” Essentially, “probate” is the process where a person’s Last Will and Testament is ‘proven’ to be what the document claims to be: the legally valid expression of a person’s desires with respect to the disposition of their person and property at death.
If someone dies without a Will, the process is known as “administration” instead of “probate,” but the procedures are essentially the same. The word “probate” is often used casually when “administration” would be more precise, but sometimes it’s easier to use the word “probate” to refer to both.
The person who is ‘in charge’ of a decedent’s estate is know as the “executor” or “executrix” in a probate proceeding, while in an administration proceeding, the titles are “administrator” and “administratrix.” As in Hollywood, where the word “actor” is now used to refer to either a male or female movie star (you rarely heard the word “actress” anymore), many attorneys and judges use the title “executor” and “administrator” to refer to either a male or female. It’s more modern, and makes life easier.
In New York, the probate process begins with the filing of a “Petition for Probate and Letters Testamentary.” If someone died without a Will, the document is known as the “Petition for Administration and Letters of Administration.” The Petition for Probate is filed with the Probate Department, and the Petition for Administration is filed in the Administration Department. Both offices are on the 5th Floor of the Surrogate’s Court in New York County (Manhattan), located at 31 Chambers Street (just West of Centre Street. Take the subway to Brooklyn Bridge/City Hall.) In Kings County (Brooklyn), the Surrogate’s Court is located at 2 Johnson Street officially, but the better address to use for directions is 360 Adams Street, which is the front side of the building. Take the subway to Court Street-Borough Hall. In Brooklyn, the Surrogate’s Court and and Supreme Court are in the same building (360 Adams Street). The Surrogate’s Court is in the left wing of the building as you’re facing the front, and the Supreme Court is on the right side. Both the Probate and Administration Departments are on the first floor in Kings County; simple.