Legal Question in Wills and Trusts in New York

Viewing a probated will

I believe that I was included in the will of a friend who is now deceased. The will is probated in New York State. The family is not cooperating with me, and giving no information.

How can I get to view the will, since it is probated?


Asked on 11/19/05, 4:27 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Viewing a probated will

By law, everyone named in a Will is supposed to be given a Citation indicating the Will was probated and the particulars of the probate (Executor appointed, attorney for estate, etc.). A simple telephone call to the Surrogate's office in the county where the Will was probated can confirm the probate and the basic information. For a nominal fee the Surrogate will send you a copy of the Will, as probated. The fact you were not "cited" might mean you were not actually named, and getting the copy will confirm this one way or another.

Read more
Answered on 11/19/05, 4:41 pm
John O'Donnell Attorney at Law

Re: Viewing a probated will

I agree with Mr. Levine's comments. I would add that if you believe you are named in a Will which was not probated, you may be entitled to seek a court order requiring the production of the Will.

If you need further assistance on this or any other legal matter, please feel to contact me.

Read more
Answered on 11/21/05, 10:27 am
Daniel Clement Law Offices of Daniel Clement

Re: Viewing a probated will

The Will should be on file in the office of the Surrogate's Court. If you were named inthe will, the court would require you to be served with a notice.

Daniel Clement

Read more
Answered on 11/21/05, 12:25 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York