Legal Question in Wills and Trusts in New York

When an individual passes on having left a house in a will, is he or she although deceased still the legal owner of the house until the will has been probated?

Asked on 2/14/18, 11:46 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

No. Everything a person owns at the time of their death is now owned by their estate. An estate is created when someone dies, and this doesn't have anything to do with probate of the will. After the will has been submitted for probate, an Executor is given the legal authority to distribute the deceased's assets under the terms of the will. But even if no executor has yet been appointed, the estate technically owns all of the deceased person's assets.

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Answered on 2/14/18, 3:50 pm

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