Legal Question in Wills and Trusts in New York

Re: Will/Probate

Yes, they should be.

Re: Will/Probate

You should be notified, but you can just check the will itself. It is required to be filed at the court house.

Re: Will/Probate

Generally, under New York law, to probate a Will, a Beneficiary is notified in two different manners. Initially, you may be asked to sign a Waiver of Citation, which simply means that you waive the NOTICE of the date the Will will be offered for probate. You are required to be given a copy of the Will.

Another manner would be if you do not waive Notice, you should be served with a Citation which sets forth the day the Will will be heard in Court for Probate. If you do not receive a copy of the Will with the Citation, you can go to the Surrogates Court in the County where the estate will be heard.

If there are no proceedings, you can check to see if the Will was filed with the Surrogate Court or if the Will is in someone's possession, there is a proceeding in Surrogate's Court to force someone to deliver the Will to the Court.

Re: Will/Probate

YES, AND IS ENTITLED TO RECEIVE A COPY OF THE wILL.