Legal Question in Wills and Trusts in New York

Does an affidavit of heirship allow for the transfer of real property from a deceased person to those entitled to an inheritance in the state of New York outside of probate?

1. If yes, what is the real property value limit set by New York state law?

2. Are any fees involved?

3. Must the decedent be intestate? In other words, are the heirs of a decedent who left a will unable to utilize an affidavit of heirship in the state of New York?


Asked on 2/18/18, 8:34 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

The title company are the folks who will be issuing title insurance so they make all the rules in this area because it's there money on the line if something goes wrong. You have to speak to one of the lawyers at the title insurance company.

Good luck.

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Answered on 2/18/18, 5:18 pm


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