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Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedent's next of kin (called distributees) can be found and will sign a waiver of process and consent to probate, you can expect to pay $3,000 - $3,500 in legal fees to have the will admitted to probate ...

In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you're in New York, there's no designated timeline for filing a request to validate the will with the probate court.

A Petition for Probate must be filed in the county that the deceased resided at the date of death. The petition must be filed with the original last will and testament, death certificate, and court filing fee. Additional supporting documents and affidavits may be required depending on the circumstances.

A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.

Getting started with the probate process in New York The first step is to petition the Surrogate's Court in the county where your loved one lived or owned property. The filing must include the will, a certified copy of the death certificate, and a Probate Petition that is signed and notarized.

The Waiver and Consent is used to speed up the process when everybody agrees that the Will is valid and that the Will should be admitted to probate. If every distributee signs this Waiver and Consent it can save the estate significant time and expense.