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Does my mother's estate need to go through probate in NY state if she only had a savings and checking account

Asked over 3 years ago - Sauquoit, NY

do i have to probate my mothers will, we had a joint bank savings and checking?

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Attorney answers (2)

Rudolf J. Karvay

Reputation Level 13

Answered over 3 years ago. Probate Attorney in Garden City, NY.

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A Will needs to be probated in New York if the estate is valued at $20,000 or more. The value of an estate is based only upon assets in the decedent's name alone. If all that your mother owned were joint bank accounts, then you would not need to probate the Will.

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Susan Pernick

Reputation Level 14

Answered about 3 years ago. Divorce / Separation Lawyer in Glen Head, NY.

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Your mother's joint accounts with you became yours at the instant of your mother's passing, by operation of law. If this was all the property she had, and there is absolutely nothing else, there is no reason to probate her will.

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