Legal Question in Wills and Trusts in New York

One of three ways: 1. Filed for probate after the death of the Testator;

2. Recorded in the Surrogate's Court by the Testator. This is unusual and not required. 3. The Testator tells you.

I agree with Arnold, but expand a little. If there are no probate assets (assets owned in individual name and which do not have a post-death requirement (like a POD bank account or having a designated beneficiary like life insurance or a retirement plan), there is no need for a Will to be probabed. Also, if the Testator is still living, they can always change a Will if they remain competent, so telling you something today may not be what the final document contains. If the person is deceased and a Will has been probated, copies are available at the office of the Surrogate in the County where the person resided at date of death.