When is probate required?

Probate is a process where a court officially recognizes and validates a deceased person’s will. In New York, probate is required when an individual dies leaving property or assets worth more than $30,000 that do not pass directly to a surviving spouse or other heir according to the laws of intestacy. Probate is also required if the deceased had specific bequests or other provisions in a will that must be enforced. Additionally, probate is required if the deceased had debts that need to be settled or if there are disputes over the will or its interpretation. In general, when there is property or assets to be divided up and passed on, probate is necessary in New York. Probate in New York is handled by the local Surrogate’s Court, which is responsible for deciding who will administer the estate, review the will, make sure the assets are distributed properly, and check for any creditor claims or disputes. The court also makes sure that the will is valid and that all debts of the deceased have been paid. In New York, probate can be a long and complicated process. As such, those going through probate are encouraged to seek help from an estate planning attorney who can offer guidance and advice throughout the process. With their help, the legacies of the deceased can be carried out with confidence and peace of mind.

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When is probate required?

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