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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.
In New York, the answer is that most of your assets will go through probate. This includes real estate, personal property, and financial accounts. If the deceased person had a valid will, their assets will be distributed according to the terms of the will.
In order to file an ancillary probate proceeding in New York, NY law requires that the estate is actually being administered or the will is being probated in the state where the decedent is domiciled, and that the decedent possessed real (or personal in rare exceptions) property 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.
Is Probate Required in New York? Probate is necessary for estates in New York. It is the process by which those assets are transferred to the heirs. State probate laws provide guidance and requirements for how it is accomplished.
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NOTE: An ancillary probate may be used when a non-domiciliary leaves real and/or personal property which needs to be administered under New York State law and there has been probate in the foreign (domiciliary) jurisdiction.
They have exceeded the time limit for a claim: Typically, a spouse must bring a claim to the New York Surrogates Court within six months of the estate executors appointment and two years after the deceaseds death.
The process can take approximately two months depending on the jurisdiction of the court and the complexity of the matter. Contact James J. Quail Associates, PC for help with all of your ancillary probate and real estate needs.
The process can take approximately two months depending on the jurisdiction of the court and the complexity of the matter.
NOTE: An ancillary probate may be used when a non-domiciliary leaves real and/or personal property which needs to be administered under New York State law and there has been probate in the foreign (domiciliary) jurisdiction.

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