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

UPDATED: Oct 1, 2022

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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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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