Legal Question in Wills and Trusts in New York

Re: Value of estate

I agree with David, as in NY the fee is set by the estimated size of the probate estate. You could check to see if a bond was required to be posted, unusual as most Wills waive the requirement, since a bonding requirement would also estimate the size of the probate estate. However, unless you are named in the Will, you will not get an accounting, which requires all finanhcial information to be disclosed to the people named. Also, any information will not be accurate, as the petition and fees are only based on the probate estate (estate passing under the Will). If there were assets registered jointly, or which carry a named beneficiary (like life insurance or retirement plans) this information would not be included as these types of assets pass outside the Will, by the registration and/or beneficiary designation. Also, if there were any trusts involved, they are also not probate assets. Thus, if there were large values of assets passing outside the Will, the information available to you could be minimal, in relation to the actual estate value. You could have an estate worth millions, but with a probate estate of minimal value.

Re: Value of estate

The petition and the court filing fee amount should give you some indication.