Legal Question in Wills and Trusts in New York
ProbaTe When and Where?
My ex-father in law died, with a will, and I need to find out for my disabled son whether or not he was remembered in the will. Is the probate attorney, who is is daughter, required to probate in the NY County where he died or where it was written or can she file for probate anywhere? And if so, how do I find the NY County where the will is being probated. They have cheated my son out of inheritance before.
2 Answers from Attorneys
Re: ProbaTe When and Where?
The Will must be probated in the County
where the decedent resided at the time
of his death
Call the Surrogate's Court of such County
to determine if there has been a probate
If so, the will is a matter of public record
Do note that not all wills are probated. If
all property has been held in such a way
as to pass outside the will (jointly, rights
of survivorship, named beneficiaries, etc)
there may be nothing to distribute
Re: ProbaTe When and Where?
In the abscence of unusual circumstnces, the Will is probated in the county where the decedent resided (domiciled) at the time of death.
The Surrogate's Court for New York County is at 31 Chambers Street, down near City Hall. The clerks will be helpful.
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