New York Probate: The Basics

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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If a family member or loved one has died, you may have questions about whether the estate will go through New York probate court, the courts which deal with matters related to the collection and distribution of a decedent’s assets and belongings. Fortunately, in most cases there’s no need to hire an expensive probate attorney for your New York probate claim.

Bypassing New York Probate

There are 2 kinds of property that can bypass the New York probate courts: joint-tenancy property and property that is held in living trusts. Jointly held property has 2 or more owners, often spouses, and can include cars, a shared home, or joint bank accounts. In addition, the estate planning strategy of living trusts allows a beneficiary to be named and paid without going through the New York probate process.

Additional New York Probate Resources

New York City Surrogate’s Courts

New York Probate Law

Also, see our article on New York Probate Procedure

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