In New York State when a widow dies, who has a will, does the estate have to goto probate ?

There are no outstanding mortgages, auto loans or credit card debt. No money owed to anyone.

By | 2013-08-26T01:19:47+00:00 August 26th, 2013|Mortgages Home Loans Interest Rate|3 Comments

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3 Comments

  1. src50 August 26, 2013 at 2:45 AM - Reply

    Yes. All estates have to be probated.

  2. tonalc2 August 26, 2013 at 1:56 AM - Reply

    There are ways around probate, including revocable living trust, pay on death accounts, etc. Without those, yes, it goes to probate.

    More info:
    http://www.nolo.com/article.cfm/objectId/EC0C33D5-1A74-4312-9C7BC3B408297398/catID/9F594B71-B41B-4513-923BF19B4D9ACDAA/309/227/ART/

  3. westwindsraider August 26, 2013 at 1:35 AM - Reply

    Considering what you have at stake here, you’d be better off asking a real attorney in your state rather than a bunch of “Yahoos”.

    Wills do nothing to avoid probate, they just direct traffic so to speak so that a judge doesn’t have to do 100% of the work determining who is due what after someone passes.

    In this case, probate will be very simple and incur minimal fees. An inexpensive bond can be posted and the estate completely liquidated prior to the probate time period running its course.

    If the widow didn’t want to have her estate probated she could have taken care of that easily right up to the time of death. Hers was the decision to go through probate or not and now she’s not around to handle the aggravation, time, small expense, etc. I say small expense depending on the size of the estate. If it is very large then her negligence could cost her heirs big-time.

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