Probating a Will is the first step in any estate administration. The Executor must locate the original Will to file with the Surrogate’s Court along with the will witnesses’ affidavits, notices of probate, and the petition for probate.
Probating a Will
Each county in New York has a Surrogate’s Court that handles the probate of Wills and appointment of Executors, the appointment of Administrators who serve for the estates of people who die without a valid Will, and any disputes over the validity of a Will or the administration of a decedent’s estate.
New York law requires that all beneficiaries and fiduciaries named in a Will, as well as, all of the decedent’s distributees (those who would benefit if there were no Will) be notified that the Will is being submitted to probate. Any person who would be adversely affected by the probate of the Will is given an opportunity to appear in Court to object if he or she does not sign a waiver indicating consent to probate. If no one has any objection to the Will and the Surrogate believes that the testator’s Will is valid, it will be admitted to probate and the person named therein will be appointed as Executor.
Benefits of Avoiding Probate in New York
- Save Time and Costs.
- Control of your assets.
- Privacy
- Avoid Will Contests. What are the Grounds for Contesting a Will?
- No Medicaid Recovery.
- Providing for your Wife and Children if You’ve been Remarried.
Risks
- Not Funding Your Living Trust
- Convenience Bank Accounts – Joint account holder may make withdrawals for purposes other than your convenience.
- Not Coordinating Your Non-probate Asset Distribution with Your Will.
- Joint Ownership – Joint owners can be sued, file for bankruptcy, or have the account compromised by divorce
- Ancillary Probate – This is necessary if you own real estate in other states.
PREVENT THESE COMMON NY MEDICAID & ESTATE PLANNING MISTAKES
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This is not a substitute for legal, tax or financial advice. Always act only on the advice of your personal advisors. The laws are constantly changing and subject to differing interpretations. If you have any more questions on the ways to avoid NY probate during the COVID-19 crisis, please contact our office today.