Must an estate go through probate?

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Asked on February 4, 2017 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't give any details. For example: how large is the estate; what are the assests, etc.? If the estate is small there are expedited procedures in lieu of a formal probate such as a small estate process or affidavit. If the assests are things such as an IRA, life insurance proceeds, 401k, etc., then they by-pass the state and are directly payable to the named beneficiary. Here are links to 2 sites that will explain further: https://law.freeadvice.com/estate_planning/probate/go_through_probate_will.htm https://law.freeadvice.com/estate_planning/wills/file-will.htm


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