Probating a Will in NY

Share This Post:

Probating a Will in NY

Find the passing endorsement and the will.

To start the probate interaction, the court expects you to present the expired individual’s will and their passing endorsement. You can as a rule observe an individual’s will at their home among other significant papers or in a security store box at their bank. Their lawyer may likewise have a duplicate. To get an ensured demise endorsement, visit the site of the New York State Department of Health, which keeps up with death records for state inhabitants. You can arrange a confirmed duplicate on the web or via mail or phone.

Find the court that has a locale.

After you find the will and the demise declaration, you should carry the records to the right probate court. The New York State Unified Court System site can assist you with finding the Court in the region of the perished individual’s home. Just snap on the right region to track down the relating Surrogate’s Court. Bring the expired’s will and passing declaration and your distinguishing proof to the assistant’s office.

Demand the records

The probate cycle doesn’t officially start until you record the will and present a Petition for Probate, alongside other applicable archives. Assuming the will name any main beneficiaries or recipients, you should present a Consent to Probate structure for every individual. Moreover, you should submit observer testimonies to demonstrate the mark on the record has a place with the expired. To observe a rundown of the relative multitude of reports that might be important for your case, the structures are on the New York Court.

Stock the home’s resources.

The Court requires a gauge of the home’s estimation. To give this, record the expired individual’s resources and how much each is worth. Incorporate any land, ledgers, other monetary records, autos, and different resources.

Present a Petition for Probate and other important archives.

Finish up the Petition for Probate structure completely, alongside any remaining applicable archives, and present the administrative work to the court. Pay the recording charge. When you document the probate bundle, the court sets an underlying hearing date. Assuming you get any notification from the court before the meeting, agree with all solicitations and systems.


  1. If my spouse dies, do I get his social security and mine?

Yes, according to the surviving spouse law, you’re able to collect all funds from his or her social security onto yours.

2.  What is a pour-over will?

A pour-over Will is a Will written document stating the actions needed to be done through the trustee which will be transferred to him or her. The truster is someone who’s responsible for many assets to be taken care of or sent to assigned beneficiaries.

3. Who qualifies for Medicaid in NY?

Women who are pregnant or those with children over the age of 18, seniors, and those with disabilities. Disabilities such as blindness, deafness, etc, or physical injury are also eligible for Medicaid.

4. What is elder law?

Elder law handles long-term care including future medical care, special needs care for those who are handicapped or mentally disabled, and estate planning for ages over 50. This type of law also handles cases of elder abuse as long as there’s evidence of these sorts of cases. Elder abuse can come from members of the family and the elder can approach a lawyer to report this sort of behavior to prevent manipulation of your estate plan.

5. Does transfer on death avoid probate?

The transfer of death only makes the probate process much more difficult by having you provide additional details and the reason for the transfer. This makes the process longer and if it’s longer, it’ll be more expensive. The only way to avoid probate is through a trust because everything would be set up or planned ahead, especially the transfer of death.

6.   Are living trusts revocable or irrevocable?

A living trust can be both but with an irrevocable trust, you cannot change anything that’s been documented unless you discuss the changes with all beneficiaries and the court.

7. If my spouse dies do I get his social security and mine?

Because of the laws of Estate Planning, there’s something labeled, the surviving spouse clause where if one spouse dies, the surviving spouse gets his or her assets. The only assets not provided would be government funds that the spouse still owes or would actually lose the entire thing because of labeled ownership unless there’s a Will stating rights to owning these finances.

8. Why do I need an elder law attorney?

The only reason you should have an elder law attorney is to have a lawyer to care of cases that are related to future needs leading to promising medical care that can protect yourself and your assets including your estate. An elder law attorney can also protect you from elder abuse that you can report to your lawyer and court.

9. What happens if you die intestate?

Who’s ever married to you or related to you by blood gets your inheritance through the surviving spouse gets it all unless the Will or trust says differently.

10. How long can you receive unemployment in NY?

In the state of NY, you can collect unemployment for 26 weeks but with the pandemic happening, it can go as long as this is drawing out.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

Got a Problem? Consult With Us

For Assistance, Please Give us a call or schedule a virtual appointment.