Why Probate is Necessary in NY

Learn why probate is necessary in NY even if you already have a will in this video, then call Friedman & Ranzenhofer to discuss your estate planning.

Question:

Why is probate necessary in New York?

Answer:

A question we get every day is, if I have a will and my loved one had a will and has died, why is probate necessary? At its very basic, probate is a process of having the executor named in your will appointed to be the representative of your estate. Your executor can’t take the will to the bank and say, “I am the executor.” The will itself does not give them any authority. There’s a whole process that we must go through. This process can be very complicated in certain instances, but in most cases, it’s straight forward. The probate process is the process of satisfying the court that you are the rightful executor and the necessary people have been notified or signed off. That’s the probate process of having your will admitted to probate. Each county has their own surrogate, of course, in which an executor is appointed. It could be your will or a codicil, which is an amendment to your will. We usually don’t do codicils because you must go through the same formalities and paperwork pretty much as the will.

Are you going through the estate planning process and have questions about why probate is necessary in NY? Contact our experienced New York probate Lawyers at Friedman & Ranzenhofer today to schedule your consultation.

We are here to help.

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