FAQs for New York Probate

Probate laws vary state to state, so it is important that you understand the laws in your state.  There are key differences that make dealing with probate in New York unique.

1. Can Probate be avoided in New York?

In New York, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in New York, which can be a long process.

https://www.nolo.com/legal-encyclopedia/new-york-avoiding-probate-31740.html

2. How long does Probate Take in New York?

The probate process in New York can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic, so now we are seeing more delays. ProbateCash can get you funded long before the probate process is completed.

3. How can I speed up the probate process in New York?

Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts, which are currently backlogged. However, ProbateCash can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at ProbateCash can guide you through the process, making it easy to get the money you need as quickly as the same day.

4. Can I get a Probate Advance in New York?

Yes. ProbateCash works in all fifty states and in all of New York’s counties, including, but not limited to the following:

• Albany County, NY
• Allegany County, NY
• Bronx County, NY
• Broome County, NY
• Cattaraugus County, NY
• Cayuga County, NY
• Chautauqua County, NY
• Chemung County, NY
• Chenago County, NY
• Clinton County, NY
• Columbia County, NY
• Cortland County, NY
• Delaware County, NY
• Dutchess County, NY
• Erie County, NY
• Essex County, NY
• Franklin County, NY
• Fulton County, NY
• Genesee County, NY
• Greene County, NY
• Hamilton County, NY
• Herkimer County, NY
• Jefferson County, NY
• Kings County, NY
• Lewis County, NY
• Livingston County, NY
• Madison County, NY
• Monroe County, NY
• Montgomery County, NY
• Nassau County, NY
• New York County, NY
• Niagara County, NY
• Oneida County, NY
• Onondaga County, NY
• Ontario County, NY
• Orange County, NY
• Orleans County, NY
• Oswego County, NY
• Otsego County, NY
• Putnam County, NY
• Queens County, NY
• Rensselaer County, NY
• Richmond County, NY
• Rockland County, NY
• Saint Lawrence County, NY
• Saratoga County, NY
• Schenectady County, NY
• Schoharie County, NY
• Schuyler County, NY
• Seneca County, NY
• Steuben County, NY
• Suffolk County, NY
• Sullivan County, NY
• Tioga County, NY
• Tompkins County, NY
• Ulster County, NY
• Warren County, NY
• Washington County, NY
• Wayne County, NY
• Westchester County, NY
• Wyoming County, NY
• Yates County, NY

5. Does New York have an estate tax?

Yes, New York does have an estate tax. The following states do have an estate tax:

• Connecticut
• Illinois
• Maine
• Maryland
• Minnesota
• New York
• Oregon
• Rhode Island
• Vermont
• Washington (state)

6. Does New York have an inheritance tax?

No, New York does not have an inheritance tax. The following states do have an inheritance tax.

• Iowa
• Kentucky
• Maryland
• Nebraska
• New Jersey
• Pennsylvania