New York probate is not always easy, but this guide will break down the process and answer commonly asked questions about probate in New York.
Finally, if you know you're supposed to probate the will and you fail to do it, you can be held personally liable for resulting expenses incurred by the estate and any financial impacts to the deceased's heirs.
In New York, there is no time limit on when probate can begin after someone dies, but the decedent's assets cannot be transferred until probate is complete. The probate process varies depending on whether the deceased person, the decedent, had a will.
It's also important to note that certain steps in the probate process have strict deadlines. For example, the executor or administrator must file the initial petition for probate within 30 days of the deceased's passing.
Clients are often shocked to learn that it may take between 8 months and 2 years before a probate proceeding is completed from start to finish in New York State. Having a general knowledge of the factors that contribute to the timeline may be beneficial. The first thing to note is that not all estates are equal.
A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.
Only an estate valued over $50,000 must be probated when there is a will. The court has a “small estate proceeding” when the estate is below $50,000. An estate without a will is “administered,” not probated.
Generally, the probate process in New York takes about 9-18 months to complete.
A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.
THE THRESHOLD FOR PROBATE IN NEW YORK In New York, if the estate has assets valued at $50,000 or more, probate may be required. This threshold is set by the Surrogate's Court in New York and applies to all assets held solely in the decedent's name.