How large of an estate requires probate if there is no will
1 Answer from Attorneys
Generally, an estate of less than $40,000, can be handled as a small estate. A surviving spouse, can get some property passed through the department of revenue. Joint tenants can obtain property almost automatically, NY the death of one of the joint tenants. Other than that, all estates require assistance of a probate judge to pass property after death. If you have a particular decedent in mind, you should consult directly with a probate attorney in your Ara.