Legal Question in Wills and Trusts in New York
Probate a will ?
Friend living in New York City recently passed away, leaving a handwritten notarized will.
Estate, consisting of bank accounts, annuity and one Life Insurance all in total about $50,000.00
All accounts have listed beneficiary.
Do I have to go through probate with this ?
How many days after death, it has be probated ?
Thank You
2 Answers from Attorneys
Re: Probate a will ?
Fortunately, no, because a notarized Will is not valid in NY unless signed in the presence of at least 2 witnesses, who knew the Testator to be of sound memory and in all respects competent to make the Will.
Joint Accounts, Trust accounts and insurance policies automatically pass to the named beneficiaries without Probate.
You will need a certified (raised seal) copy of the Death Certiificate for each account.
Re: Probate a will ?
The will is valid because it is handwritten. You may probate the will, however the bank accounts and life insurance pass as a matter of law to the beneficiary on the death of the deceased. You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first. 646-591-5786
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