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?
3 Answers from Attorneys
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.
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.
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