Money, property, and even the ability to pursue a claim after someone dies can hinge on this process. If there is a house, bank account, unpaid bills, or a possible wrongful death claim, the probate court process decides who has legal authority to act and how the estate gets settled.

Technically, the probate court process is the court-supervised procedure for validating a deceased person's will, appointing an executor or other personal representative, identifying estate assets, paying debts and taxes, and distributing what remains to beneficiaries or heirs. If there is no valid will, a related administration process is used instead. In New York, these matters are generally handled in Surrogate's Court under the Surrogate's Court Procedure Act and the Estates, Powers and Trusts Law.

Practically, delays in probate can freeze access to money that surviving family members may need right away. The process can also uncover disputes over who inherits, whether a will was properly signed, or whether someone should be removed as executor. Paperwork has a way of multiplying when no one is in shape for paperwork.

For an injury-related death, probate often affects who can file or settle a wrongful death or survival action. In New York, the estate's personal representative - not just any relative - usually must bring the case, and the basic deadline for a wrongful death lawsuit is generally two years under EPTL 5-4.1.