Legal Question in Wills and Trusts in New York
Time limit to file a will in Probate?
Is there a time limit in NY in which to file a will in Surrogate's Court after the decedent's death? If so, how long?
Asked on 12/26/06, 11:49 pm
2 Answers from Attorneys
Norman Nadel
Norman Nadel, Esq.
Re: Time limit to file a will in Probate?
There are no time limits.
Answered on 12/27/06, 8:57 am
Walter LeVine
Walter D. LeVine, Esq.
Re: Time limit to file a will in Probate?
THERE IS NO TIME LIMIT, BUT NOTHING CAN BE DONE WITH THE ESTATE UNTIL THE WILL IS PROBATED AND AN EXECUTOR APPOINTED. THIS DOES NOT EFFECT JOINTLY OWNED ASSETS AS THE SURVIVOR DOES NOT NEED AN ESTATE PROBATE TO GET THE JOINT ASSET. LIKEWISE FOR ASSETS HAVING A DESIGNATED BENEFICIARY, LIKE LIFE INSURANCE OR A RETIREMENT PLAN, WHERE THE BENEFICIARY CAN MAKE DIRECT APPLICATION TO OBTAIN THE ASSET.
Answered on 12/27/06, 9:36 am
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