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Commonly Asked Questions about Probate Law

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.
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.
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.
Heres what it means: Probate is where someone has died and left a will. Its a court document that confirms a persons last will and testament and allows the executors of the will to deal with assets left behind. Grant of letters of administration is where someone has died and not left a will.
Typically New York probate takes 7 to 9 months, but can last a year or more, depending on the complexity of the estate.
If the asset itself is jointly owned or has a named beneficiary, then it can pass directly to the beneficiary and does not count toward the total value of the estate. These non-probate assets include life insurance policies, IRAs, U.S. savings bonds, and jointly held bank accounts.
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.
While the threshold for probate in NY is $50,000, in reality, the probate process is influenced by many things, and the estates total value is just one of them. Whether or not your estate actually goes through probate will also depend on the type of assets held within the estate and how they were owned.