Wills & Probate

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Commonly Asked Questions about Wills & Probate

Do you have to go through probate if you have a will in NY?

If you have made a will, after your death the will is presented to the court in a probate proceeding. Probate is the court process where, after your death, the terms of your will are approved by a judge, and your assets, property and possessions are given out to your beneficiaries after your debts are paid off.

Do wills have to be filed with the court in NY?

When the person who died (the Decedent) had a Will then the Will must be filed in Surrogates Court and admitted (approved) for probate. Probate is the process of proving that the Will is valid (legally acceptable).

How much does probate cost in NY?

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.

What are the probate fees in New York?

2402. Fees; amount of. Value of Estate or Subject MatterFee Rate 50 000 but under 100,000 $280.00 100,000 but under 250,000 $420.00 250,000 but under 500,000 $625.00 500,000 and over $1,250.003 more rows

How long is the probate process in NY?

While the probate process in New York typically takes between 9-18 months, it can take longer or shorter depending on a variety of factors.

How do you avoid probate in NY?

Common ways to hold or transfer property to avoid the New York probate process include: Living trusts. The State of New York allows residents to create a living trust for nearly any type of asset, including houses, properties, vehicles, and bank accounts. Co-ownership. Beneficiary designations.

How much does an estate have to be worth to go to probate in NY?

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.