Legal Question in Wills and Trusts in New York

If house is solely in name of decedent, it becomes part of his estate.

It then passes in accordance with his will.

If no will, estate is shared between surviving spouse and children, in accordance with the statute. At least 1/2 plus goes to surviving spouse.

The estate must go through probate if there is a will or administration if no will. Good luck.

Answer is complicated, as it depends upon wether there was a Will,what it provides,or, if there was no Will, how much is the net estate (after biils and expenses paid), and if there are children? Bottom line can be full estate, if net value is less than $50,000, or greater of $50,000 or 1/3 of estate if there were no Will, but children, to up to 1/2 of estate if there were a Will but surviving spouse was disinherited. This could change if there were some marital agreement, and presumes spouses were living together as husband and wife. More facts are needed for a complete answer.