Legal Question in Wills and Trusts in New York
When must will be probated?
When must a will in New York be probated, when is probate not necessary? Are there legal time frames on when it must be probated? Estate in question has real estate worth more than $250,000 and personal property and funds in the $25,000+ range.
2 Answers from Attorneys
Re: When must will be probated?
Every will in NY is probated. If there is property remaining in the Estate (as here), the court must issue letters testamentary to the Executor/trix in order to assure that the decedent's estate is distributed according to the will's instructions.
Certain assets pass outside the will, such as life insurance, joint-tenancy ownership of property. in-trust-for bank accounts.
There really is no time frame but one (who has an interest) can petiton the court for an order to produce the will and begin the process.
Re: When must will be probated?
Every will in NY must be probated in order to distribute the estate. The will should be submitted to probate as soon as possible, as many assets cannot be accessed until the will has been probated. NOTE: if the estate consisted entirely of non-probate assets (e.g., property and accounts held in joint tenancy with right of survivorship, insurance policies with names beneficiaries, f/b/o accounts, etc.) then there is no need to probate the will.
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