Must an estate that is be distributed by a Will have to go through probate?

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Must an estate that is be distributed by a Will have to go through probate?

My aunt passed away and had a Will. Her lawyer said that the Will has to go to probate. Is this true? She left very clearly how her estate should be dispursed.

Asked on June 10, 2013 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If you mean that her wishes on how her estate is to be distributed are expressed in the Will then yes, it must be probated in order for those wishes to become a reality.  Good luck.

 


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