The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal requirements”. This statute provides the formality necessary with regard to the execution of a Last Will and Testament. Among the requirements is that a Will needs to have two (2) attesting witnesses.
The New York Probate Lawyer Blog contains numerous articles discussing the probating of a Will as well as aspects of estate settlement and intestate administration. One common question which clients often ask is whether there is a time limit after a decedent’s death in which a Will needs to be offered for probate. In short, there is no time limit. However, any delay in probating a Will may result in the loss of estate assets through foreclosures or other third-party actions. Also, if it does not appear that a Last Will existed, an administration proceeding may be initiated by a distributee or by a Public Administrator. The distribution of an estate through intestacy may not be in accordance with a decedent’s estate plan as expressed in a Last Will.
The probate process requires that the original Last Will filed with the Court, along with a Petition for Probate. Affidavits from the attesting witness are needed. Information concerning a decedent’s next of kin and assets are also included in the probate petition.