📌 Not Every Estate Needs to Go Through Probate
When a loved one passes away, one of the first legal questions families ask is: “Do we have to go through probate?”
The answer in New York is: not always.
Probate is a court-supervised process to validate a will and distribute a deceased person’s estate—but it’s only required under certain circumstances.
At Alatsas Law Firm, we help Brooklyn families navigate the probate process—or avoid it altogether—based on the structure of the deceased’s estate.
⚖️ What Is Probate?
Probate is the legal process of:
- Authenticating a will (if there is one)
- Appointing an executor or administrator
- Identifying heirs and beneficiaries
- Paying debts and taxes
- Distributing the remaining assets
Probate is handled in Surrogate’s Court in the New York county where the deceased resided—such as Kings County Surrogate’s Court in Brooklyn.
🔗 Learn how probate works in New York »
❓When Is Probate Required in New York?
Probate is required if:
- The deceased died with a will
- The estate includes solely owned assets without beneficiary designations
- The total value of probate assets exceeds $50,000
📦 Examples of Probate Assets
- Real estate titled solely in the deceased’s name
- Bank accounts without a joint owner or beneficiary
- Investment accounts without TOD/POD designation
- Vehicles, jewelry, or collectibles owned outright
- Personal property without co-ownership
❌ When Probate Is NOT Required in New York
✅ 1. Small Estates (Under $50,000)
New York offers a voluntary administration (small estate) proceeding for estates worth $50,000 or less—excluding real estate.
This is a simplified process, usually faster and less expensive.
✅ 2. Assets With Beneficiaries
Assets that pass directly to named beneficiaries bypass probate. These include:
- Life insurance
- Retirement accounts (IRA, 401(k))
- Transfer-on-death (TOD) or payable-on-death (POD) accounts
🔗 Do TOD accounts avoid probate in New York? »
✅ 3. Jointly Owned Property
Assets held as joint tenancy with rights of survivorship or tenancy by the entirety pass directly to the surviving co-owner.
Common examples:
- Joint bank accounts
- Real estate owned by married couples
- Vehicles or business interests with co-ownership
✅ 4. Trust-Owned Assets
If the decedent created a revocable living trust or irrevocable trust, assets titled in the name of the trust do not go through probate.
✅ Faster distribution
✅ Greater privacy
✅ Avoids court involvement
🔗 Why trusts help you avoid probate in NY »
🧠 Real-Life Brooklyn Example
Miriam, a Midwood resident, passed away leaving $600,000 in a trust and $40,000 in a joint bank account with her daughter. No probate was necessary—her daughter avoided court entirely and received all assets within weeks.
In contrast, her neighbor’s estate of $120,000 with no trust or co-owners had to go through full probate, delaying distribution by over 8 months.
💬 Client Testimonial
“I didn’t realize how complicated probate could be. Teddy and his team helped us avoid it completely by setting up a trust and beneficiary designations in advance.”
— Raymond D., Park Slope
🛑 Common Probate Triggers
Your estate may still go through probate if:
- You own real estate in your name only
- You die with a will and no trust
- You have no beneficiaries on key accounts
- You leave personal property without instructions
- There is a dispute among heirs or challenges to the will
⚠️ Problems With Probate
Probate is public, time-consuming, and can create delays for your loved ones:
- 6–18 months on average in NY (Can be even longer when parties don't cooperate)
- Legal fees and court costs
- Public access to your estate records
- Potential for disputes or contests
✅ How to Structure an Estate to Avoid Probate
🔹 1. Create a Revocable Living Trust
Transfer major assets into the trust, including your home, bank accounts, and investments.
🔹 2. Use Beneficiary Designations
Ensure your:
- Life insurance
- Retirement accounts
- Bank accounts
…all have updated POD or TOD designations.
🔹 3. Title Property Jointly (When Appropriate)
Add a trusted co-owner to real estate or accounts only if it fits your situation—beware of potential gifting or liability issues.
🔹 4. Plan With Legal Guidance
Every family is different. We tailor probate-avoidance strategies to your:
✅ Family structure
✅ Asset mix
✅ Privacy concerns
✅ Long-term care and Medicaid needs
🔗 See how estate planning helps Brooklyn families »
⚖️ What Alatsas Law Firm Can Do for You
We help Brooklyn clients:
✅ Avoid probate with customized trusts
✅ Navigate probate court when required
✅ Minimize court delays and legal fees
✅ Protect privacy and ensure faster asset distribution
✅ Coordinate assets, titles, and beneficiaries
🔗 Contact our probate and estate team now »
🏁 Final Thought: Planning Avoids Probate Headaches
While probate isn’t always required, it’s best to plan as if it will be—and take steps to prevent it.
Don’t leave your family with court delays, legal fees, or confusion.
📞 Call (718) 233-2903 or
🔗 Schedule your estate review with Alatsas Law Firm »
