Legal Question in Wills and Trusts in New York

The will controls the disposition of assets (who gets the stuff). If there are liens and mortgages in place, they typically stay with the property. For example, if the will leaves the house to Mary, Mary gets the house, but still has to pay the mortgage.

As for what to do, the will needs to be filed for probate. This is a process where the person who has the will goes to court to prove that the person who wrote the will is deceased, the will is valid, and to begin administration of the person's estate.

Dave

She must petition the Court in the County the decedent lived to have the Executor named in the will appointed. The Executor gathers the assets, pays creditors and transfers title.