Legal Question in Wills and Trusts in New York
probate
do all wills have to be probated?
Asked on 8/26/08, 1:20 pm
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: probate
Simple answer is maybe! The necessity for probate is determined by the ownership registration of assets comprising the estate. If there are no assets owned by the decedent individually (i.e., all assets are either owned jointly or have a designated beneficiary) probate is not necessary. However, if there are assets owned individually, such as personal property, jewelry, a car, etc., there is a possibility that probate may be required to have someone appointed to sign necessary transfer documents. If you need to discuss this further, contact me directly.
Answered on 8/26/08, 2:12 pm