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New York estate law questions

Do I have to probate a will in New York?

You probate a will when an asset is in the decedent’s name alone and a bank, a buyer, or a court will not release it without letters from the Surrogate’s Court. Joint accounts, payable-on-death accounts, and assets already in trust usually pass without it.

The proceeding is filed in the county where the decedent lived. A small estate of personal property may use the affidavit instead. A house almost never does.

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