Probate and Administration
Probate and Administration are the Court proceedings through which assets
of the deceased (the deceased's estate) are processed and distributed
by the fiduciary (Executor or Administrator).
Upon one's death, all Powers of Attorney executed by the decedent
become invalid and beneficiaries cannot receive their inheritances unless
someone obtains legal authority to access the decedent's assets.
If someone dies with a Last Will and Testament a Probate proceeding is
initiated and an Executor is appointed to collect the assets of the deceased
and distribute them to the beneficiaries as named in the Will.
If, however, there is no Will, leaving the decedent ãintestateä,
then an Administration proceeding is initiated and someone is appointed
as Administrator (usually a close relative or friend) who acts in the
same fashion as the Executor, except that he/she distributes the assets
of the decedent in accordance with the schedule set forth in the Surrogate's
Court Procedure Act.
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