What is Probate

WHAT IS PROBATE?

Probate comes from the Latin word that means “proof.”
Probate is a court proceeding where an executor proves the following:
- A person died by filing an original death certificate.
- The terms of an estate by filing the original Will.
- The decedents place of residence, and beneficiaries by filing a statement under oath.
The Surrogate is actually the Judge of the Probate Court. Since so many people have died, the process is almost always done informally in the Surrogate’s office.
The law does not permit an estate to be probated for at least 10 days after someone has died. This is called the “cooling off period.”
The Surrogate’s Court issues a judgment which confirms the death, the validity of the Will and gives the Executor full legal authority over all of the deceased person.
The U.S. Constitution has a clause which requires every state to honor the judgment of every other state. This applies to judgments of the probate court appointing a person executor and giving them authority over the deceased person’s property.
Within a few days after the filing of the required documents, the surrogate will give the executor a court judgment with a raised seal. This is commonly referred to as an "executor’s certificate," "letters," "short form" or "surrogates' certificate."

Advice by:
Law Offices of Joseph M. Hoffmann
Attorney at Law
21 Main Street
Newton, New Jersey 07860
973-383-7415
Fax: 973-383-7476