Legal Question in Wills and Trusts in New York

Whether or not the will must be probated depends upon more factors than you have presented. For example, how title to the house is held and whether you and your sister are the only distributees. Distributees are the persons who would have inherited if your mother died without a will. I suggest that you have an attorney review all of the facts and advise you how to proceed.

I say yes, due to the fact that certain of the assets of the estate were in your mother's name alone. Joint accounts do not require probate, as they pass to the surviving joint owner by account registration. However, individual accounts require someone be appointed (an Executor) to process the closing of accounts and distribution of assets, after all estate bills are paid and final tax returns filed and taxes paid. Since a Deed will be required to transfer full ownership of the house to your sister, you need to be appointed so you can lehitimately represent the estate in the new Deed. Contact me directly if you need more information.

Yes, there are both indiv idually owned assets and the house transfer that require probate and an estate representitive be appointed so that estate expenses be paid, final tax returns be prepared and filed, the estate distributed , so probate and a new Deed prepared and recorded. These matters are usually handled by the Executor. The joint bank account automatically passes to the survivor named on the account, so probate is not required to handle that aspect If you need assistance, contact me directly.