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What is probate?

Probate is the court process during which the estate (assets, property and possessions) of a person who has died with a will (“the decedent”) is settled and distributed to heirs and other people. Probate proceedings take place in the New York Surrogate’s Court located in the county where the decedent lived. The purpose of a proceeding in Surrogate’s Court is to settle all claims against the decedent so that property and assets can be distributed to designated recipients under a will, without fear of future challenge. Only estates valued over $30,000 must be probated; estates without a will also are not probated—the law of intestacy determines how these estates are settled.

How does a probate proceeding work?

Does all property go through probate if the decedent left a will?

I need help with a probate matter:

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