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Commonly Asked Questions about Heir to Executor Legal Documents

Its also important to note that certain steps in the probate process have strict deadlines. For example, the executor or administrator must file the initial petition for probate within 30 days of the deceaseds passing.
An executor has the authority from the probate court to manage the affairs of the estate. Executors can use the money in the estate in whatever way they determine best for the estate and for fulfilling the decedents wishes.
In New York state, a will only has to be submitted to probate if the decedents remaining assets are worth $30,000 or more. Such assets do not include any property or funds that transferred via pay on death accounts, in trust for (ITF) accounts, or joint ownership, as these automatically bypass the probate process.
How Long to Settle an Estate in New York? The short answer: from 7 months to 3 years. Typically 9 months. Estate settlement (also known as estate administration) is the phase during which you, as the court-appointed executor, must collect the estate assets, organize and pays debts, and file all final taxes.
Probate is the only legal way to transfer the assets of someone who has died. Without probate, titled assets like homes and cars remain in the deceaseds name indefinitely. You wont be able to sell them or keep registrations current because you wont have access to the individuals signature and consent.
The answer is that, in New York, there is no statute of limitations on probating a will. In fact, I have probated wills which belonged to a decedent who had passed more than 25 years prior. However, it is generally advisable to do file and then probate a will as soon as possible.