Legal Question in Wills and Trusts in New York

Re: Will probate

The Will, wherever executed, need only be probated in the State(s) where property is located. If the Will was executed in NY, but the decedent no longer resides there and no assets are located there, the Will need not be probated in NY, just the State where the death took place and any other State where assets are located.

Re: Will probate

The answer to your question depends on several issues, including where the person lived and what assets he or she owned at the time of death.

If the decedent lived in Oregon at the time of death and owned real property valued at less than $90,000 and had personal or intangible property valued at less than $40,000, there is no need for a probate. Oregon and many other states have a mechanism to deal with "small estates" that do not require a full blown probate.

If the person owned real or personal property in other states, you have to examine the laws of each state where that person owned real property to determine whether a probate is needed in that state because the dollar limits vary.

Our office handles estate issues and can assist you in dealing with these matters.

Re: Will probate

Ordianarily the Will needs to be probated only in the State where the decedent resided. The exception is if the decedent owned real estate in another state, the Will would have to be probated there as well.