Frequently asked questions
The questions the community asks most often, answered plainly
Estate & inheritance
Property in the deceased's name doesn't pass automatically. A court process is generally required — probate with a will, administration without one — before anyone has authority to deal with it.
Not always. Life insurance and retirement accounts with named beneficiaries, jointly held property, and assets held in a living trust generally transfer without it. Smaller estates may qualify for a simplified process.
New York has specific execution and witnessing requirements, and a document that doesn't meet them is likely to fail at probate. The problem is usually the signing procedure rather than the content.
It generally follows the rules where the property sits, and requires identity and relationship documents in the form that jurisdiction accepts. Documents issued in the US need corresponding notarisation and authentication. Most of the elapsed time is document turnaround, so start early.
Debts are generally paid from the estate, and heirs are not usually personally liable unless they were co-borrowers or guarantors. Order matters though: lawful debts should be settled before distribution.