Do all wills need to be probated in New York?

Asked almost 2 years ago - Smithtown, NY

If all decedents assets are held jointly does the will need to be probated?

Attorney answers (5)

  1. Frank Louis Buquicchio

    Contributor Level 12

    9

    Lawyers agree

    Answered . Typically, the only reason to probate a Will would be if the decedent owned asset(s) in his/her name individually with no named beneficiary on the account. Assets owned with another with right of survivorship or with named beneficiary escape probate

  2. Eric Edward Rothstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . If the assets will transfer automatically there is no need to probate.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Mark Michael Campanella

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . The answer will depend on a number of factors, but the most critical are the size of the estate and whether they are jointly or separately owned as my colleagues suggest. It's best to consult with local counsel to determine whether probate is necessary in your case.

    The information provided herein is for informational purposes only, and should not be relied upon or construed as... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with the "NO" answers posted by the other attorneys.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  5. Marcus William Kroll

    Contributor Level 6

    2

    Lawyers agree

    Answered . Jointly held assets pass outside of the probate process as testamentary substitutes, and do not need to be probated.

    Keep in mind certain items which are not titled such as personal items may need to be probated, depending on what the Will says regarding such items.

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