Legal Question in Wills and Trusts in New York
probate
my mother recently passed away with a will and name me as executor. I have been able to settle all matters except a small life insurance policy naming my deceased father, and real property that lists her and my father on the deed. Her will stated that everything was to be divided equally amoung their 5 children (me and my siblings). I was told by the attorney who was holding my parents wills to file a small estate with the surrogate court for the insurance policy and that I didn't need to probate the will for the property. Now the court staff is telling me that they believe I need to go through probate for the real property. I'm dealing with the Warren County Surrogate Court.
My question: Do I need to go through probate in order to settle these matters?
1 Answer from Attorneys
Re: probate
Please go see the attorney who gave you the advise. It will be worth it to pay him to prepare the deeds to transfer the property into the 5 children. Each child will have to sign the deed and tax forms and that should complete the transaction as long as there are no judgments or outstanding liens on the property. You should not have to go through court for the real property.
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