Legal Question in Wills and Trusts in New York
Do you have to execute a will? Does this need to be done in order to change the name on the deed?
Asked on 2/03/11, 3:11 pm
1 Answer from Attorneys
Michael Haber
Law Offices of Michael S. Haber
I am not sure exactly what you are asking. Perhaps what you meant to ask was whether one needs to probate a will that has been executed. If that is what you meant, and if someone's will left real property to you, you would need to probate that will in order to give effect to it. The only exception to that would be if you were to be entitled, under the laws of intestacy, to receive that same real estate even if there were no will.
Once the will is probated, a deed can be made out by the executor of the estate to the person entitled to the property.
Answered on 2/03/11, 6:01 pm