Legal Question in Wills and Trusts in New York

Re: how to have a will probated

My condolences on your loss.

There are many questions of law and of fact here. First - check with the probate court to determine if a will has been submitted. The will becomes a public document on submission and you have a right to examine it.

As an interested person (heir) you also have a right to examine any will after your grandmother passes on even if it not sent to probate. Send a letter (make a record - certified mail is most typical) requesting access to the will.

If you still have no will, then you may petition the court to be appointed the executor. More documents may turn up at this point.

It is a long fight if your aunt is determined to seize assets for herself or her children, but you will be in a better position if you fight than otherwise. I guess you already know that. You may have to be a bit of a detective to identify all of the assets. Some may be transferred. Of course, everything but furniture and jewelery can be tracked down through financial records.

If no will is found, the the estate is divided by the rules of the law. Here you may be the only heir and receive 100% of the estate.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Re: how to have a will probated

If you cannot find the Will, you are eligible to be appointed as Administrator of her estate. I suggest you place an ad in a local paper in the County where your grandmother resided asking if anyone knows the whereabouts of an original Will. If there are no responses, you can then use the ad as a basis of your submission for administration. Check with the local Surrogate's office on the proper procedure to apply for Letters of Administration. You may want a local attorney familiar with probate matters to assist you. Be cautious, you may find that your her sister may already have done things, including transfering her assets to herself.