Legal Question in Wills and Trusts in New York

are probate locations mandatory?

If someone dies,does their will have to be filed in the county of their residence and death or can the heir or executor file where ver they want?


Asked on 11/11/04, 4:14 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: are probate locations mandatory?

The will must be filed for probate in the county of residence at death.

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Answered on 11/11/04, 8:17 pm
Walter LeVine Walter D. LeVine, Esq.

Re: are probate locations mandatory?

The Will must be probated in the County where the decedent was resident at the time of death. If this is inconvenient for the executor, most offices allow the proceedings to be done through the mail. I suggest you call them or, if they have a web site, contact them to ascertain what documents are need and how to do it by mail.

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Answered on 11/12/04, 11:04 am


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