Legal Question in Wills and Trusts in New York
will & probate
Mom passed away. My brother named as Exec in her will. Only assets she had are bank accounts. Does will need to be probated.
3 Answers from Attorneys
Re: will & probate
Yes, the will must be probated unless the bank accounts were joint accounts or "in trust for" accounts.
You may contact my office for a brief consultation on your case.
Re: will & probate
The answer depends on the title of the bank accounts. If solely in her name, yes.
Re: will & probate
My sympathies on the loss of your Mom.
If the totals are under $25,000 you can file a "small estate" probate proceeding in Surrogate Court which is not complicated at all.
If over $25K, you will need to do full proceeding.
Make sure your Mom did not designate a beneficiary on the accounts before you do anything.Go to bank with copy of death certificate and inquire.
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