Legal Question in Wills and Trusts in New York
Wills and probate
Where are wills probated -- in the county of death or where the will was recorded? Are New York laws different from Virginia in this regard?
Thank you.
Asked on 1/02/09, 3:05 pm
2 Answers from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: Wills and probate
Rudolph is correct and this applies in most States - that the Will is probated in the County of residence where the decedent died. You can call most offices and they will tell you if a Will has been probated. This could get a little confusing if, for example, a person died in a nursing home, but its address was not considered his primary residence. So two counties might need to be checked.
Answered on 1/03/09, 1:25 pm
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Re: Wills and probate
In New York State, Wills are probated in the county where the decedent was domiciled (principal residence).
Answered on 1/02/09, 3:38 pm
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