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Commonly Asked Questions about Legal Documents for Probate

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.
ing to New York state law, all estates worth over $50,000 are subject to go through probate. However, there are some instances where certain assets like: Insurance policies, joint accounts, assets in a living trust, assets held in joint tenancy are all not subject to probate in New York.
These non-probate assets include life insurance policies, IRAs, U.S. savings bonds, and jointly held bank accounts. Discounting exempted items, if the total value of your loved ones personal property is below $50,000, the good news is you can likely bypass full probate in New York.
Any property left in a persons residence, including furniture, cars, clothing, art, jewelry, valuables, and other belongings that have not been disposed of through testamentary instruments (such as a trust) or passed on through a survivorship right, will have to be included in probate.
Other necessary documents include an Application and Order Admitting Will to Probate, letters testamentary granting executor powers, an Affidavit in Support of Issuance of Letters Testamentary, and a closing report once probate has been completed.
This can include vehicles, land, houses, bank accounts, investment accounts, stocks, bonds, and business interests. If your name is the only name listed on the deed, title, or account, then the items wont pass on to your beneficiaries without going through the probate process first.
Only an estate valued over $30,000 must be probated when there is a will. The court has a small estate proceeding when the estate is below $30,000. An estate without a will is administered, not probated.