Legal Question in Wills and Trusts in New York
sale of property
If there is a will, made out by a lawyer and in the will it is stated that the property is to be sold and divided among the children and surviving children of the deceased children, does the will have to go to probate court automatically? Is there a time limit on the settlement of the will?
2 Answers from Attorneys
Re: sale of property
Every will must be probated.
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Re: sale of property
The Will must go to probate if there are any other provisions that require an executor to be appointed. Unless there is a possibility for estate or inheritance taxes on the estate, which depends upon the aggregate value of the estate, if the only property is the personal property, probate may not be required unless the children/survivors cannot agree on division of the property. If it has to be sold, an executor must be appointed by the Surrogate to provide the necessary sale documents.
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