![]() In New York, if a decedent is survived by a spouse but no children, the spouse inherits everything alternately, if the decedent is survived by children but no spouse, the children inherit everything. Someone who dies without a will is “intestate,” and the laws of intestacy determine the distribution of her estate. An executor must request to pursue this simplified process in writing. ![]() After the executor pays debts, taxes, and funeral expenses, he may distribute assets to beneficiaries as described in the will.įor those estates with a gross value of $30,000 or less, excluding certain types of property, New York has a simplified probate process for estates with a gross value of less than $30,000, excluding certain types of property. In New York, probate begins when the executor of a will files a petition with Surrogate’s Court requesting the issuance of letters testamentary, which allow the executor to transfer assets in the name of the estate. Probate is the court-supervised process of distributing the estate of a deceased person. The trustee will then provide for the surviving pet.Ī valid will based on a last will template can also make New York’s probate process go more smoothly. Moreover, New York specifically allows the creation of trusts in the will for the care of pets (commonly called “ pet trusts”), designating a trustee as the beneficiary. LegalZoom’s New York Last Will and Testament also enables you to choose a guardian for your minor children, and allows you to defer distributions to minors via trust provisions in the will until they have reached the age of majority. New York law does provide for a Health Care Proxy, which allows a person to provide specific instructions and authority to someone they trust regarding his or her health careĪ last will and testament serves many purposes, including providing the testator with the opportunity to divide their assets among friends and family, and choose the executor of the estate -the person who will be responsible for carrying out the instructions contained in the will. According to the New York State Bar Association, courts have upheld such documents provided they meet certain requirements even though New York does not have a statute that specifically addresses living wills. In contrast to a last will, a living will provides instructions should you become incapacitated and incapable of making decisions regarding your medical care. New York wills allow the testator (the person making the will) to make sure a spouse, children, other family members, friends, and even pets are taken care of. Creating a last will and testament is crucial to provide a plan for the distribution of real and personal property upon your death.
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