Legal Question in Wills and Trusts in New York

Filing a will for probate

My mom and dad both have wills leaving everything to the surviving spouse. Mom recently passed away - all assets were in both their names. Does the will have to be filed or probated?


Asked on 5/08/01, 11:33 am

1 Answer from Attorneys
Garry Hanlon

Re: Filing a will for probate

Probably not. If every single asset was

in fact held as tenants by the entirety, no

The primary reason for probate is to

have the power to transfer. If joint, the

transfer is automatic with production of a

death certificate

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Answered on 6/22/01, 10:00 pm


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