Legal Question in Wills and Trusts in New York

Probating a will

what is the time frame upon a person's death that you must probate a will?


Asked on 4/15/08, 7:34 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Probating a will

There is no specific time frame, although many States do not let a Will be probated until a minimum amount of time has passed (usually 10 days). NY takes a little longer as there are preliminary forms the named Executor must send everyone named asking them to approve the probate. If you are named and do not hear in about 30 days of the date of death, call the Surrogate's Office in the County where the decedent resided at date of death to check what, if anything, has been done.

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Answered on 4/16/08, 11:45 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Probating a will

there is no time fram upon a person's death that you must probate a will.

However the sooner you probate a will the better it is.

The property gets distributed sooner, and the longer the will is out there there can be many problems such as heirs and witnesses to the will dying.

So do it as soon as possible.

Contact a lawyer immediately

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Answered on 4/16/08, 9:16 pm


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