In New York State, is there any formal action required to establish an uncontested will after a parent’s death

My father recently passed away. My mother is still will us and in good health. I
assist her with financial and other matters. Both parents have separate,
identical wills leaving all to each other, then divided equally amongst the
children upon the last parent’s passing. Is there any formal/legal action
required regarding my father’s will? Thank you.

Asked on January 15, 2018 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  I would take the Wills to an attorney to review in person just to be sure.  But likely all assets were owned jointly with rights of survivorship anyway so they passed by operation of law from your Dad to your Mom at the time of his death.  They did so automatically with no need for court intervention.  So likely you do not have to Probate his estate.  Good luck.

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