By definition, probate is the the official proving of a will as authentic or valid in a probate court. Probate is the term used to describe the legal process of handling the estate and property of an individual that is deceased. It deals with the estate, especially the distribution of the deceased person's estate under a accurate and valid will.
Probate court is the court that basically specializes in the proper settlement of the decedent's (deceased person's) estate and property issues. The main purposes of the probate court is to determine the validity of an individual's will and to ensure that the details and instructions of the will are correctly enforced.
The Probate (or Surrogate) Court of New York handles all the estate and property proceedings within the State of New York. A probate/surrogate judge is elected countywide for a term of 10 years. The 62 counties of New York have one surrogate judge except New York County and Kings County, which have two judges each.
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