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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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
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.
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