When is Probate Necessary in New York?

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Probate New York

One of the most common questions people tend to have after the passing of a loved one is, do we need to probate the estate? We all know that the probate process begins when a will is submitted to the court regarding the payment of bills and taxes, along with transferring the estate to the beneficiaries and the heirs. Well, with the probating of a New York will, the heirs and beneficiaries can ensure that they have the legal right to the property of the deceased as mentioned in the last Will and testament created by the dead.

In a city like New York, there are some things that people need to know about the Probate process to make sure that the process goes smoothly. So, here we are going to provide you with some answers.

When Is Probate necessary in New York?

Every single state has a different rule for the Probate process. In the case of New York, Probate is essential when the person owning the estate has deceased, and the executor has provided a will to the court along with other vital documents that would support the determination of the estate and the division of it as well. Then, with the help of the Probate process, the estate and all the assets of the deceased, which remain after paying for the funeral expenses, taxes, and bills, will be divided amongst the people who are considered to be the beneficiaries and the heirs.

Steps of the Probate Process

To understand the importance of Probate in New York, people need to know how the entire thing works. So, here we are going to provide you with some steps so that you can better understand what you’re in for.

Step 1

After obtaining the deceased person’s death certificate, the executor can start the process by submitting the Will to the court. The beneficiaries will be notified about the will and also about the process. At this point, all potential heirs/beneficiaries will have the opportunity to review the last wishes of the deceased to determine whether or not they seem true to their nature or are part of a family member’s attempt to produce a fake Will for their benefit. If you believe there is any foul play at this point, you can contest the Will and raise any issues.

Step 2

The creditors are informed about the deceased person’s estate and can claim that the executor will be paying for the dead person’s assets. This might also permit the personal administrator or the executor to make sure that they can sell the assets to provide for the claims that the creditors have made. Then, after paying all the bills and the expenses along with the claims of the creditors, the remaining property will be divided into parts and provided to the beneficiaries, and the heirs of the property, as stated in the Will be the deceased.


In New York, Probate is only necessary when someone passes with a last will in place. Probate, at times, is confused with an administrative proceeding which is similar in the process but only takes place when someone passes without a will or trust in business. Probate can be avoided by setting up a trust and moving all assets into the trust during your lifetime. Call our office today to speak with an experienced lawyer about probating a loved one’s estate or creating an estate plan to avoid Probate.

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