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Commonly Asked Questions about Wills and Probate

A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court. Your trust can include your home and any other assets you have, making it a comprehensive solution for your entire estate.
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.
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.
There are several ways to avoid probate, including: Living Trust. A living trust, also known as an inter vivos trust, is a fiduciary agreement established by a trustmaker, or grantor, while they are still alive. Joint Ownership and Rights of Survivorship. Payable-on-death and transfer-on-death designations.
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.
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.
Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedents next of kin (called distributees) can be found and will sign a waiver of process and consent to probate, you can expect to pay $3,000- $3,500 in legal fees to have the will admitted to probate.