If my father left money for all 5 kids, what’s the process that I have to go through at court to get the money?
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If my father left money for all 5 kids, what’s the process that I have to go through at court to get the money?
Asked on July 16, 2013 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. The guidance here would depend on if there were a Will that left the money from one or more accounts or if your Father left the money to each of you in accounts earmarked for each of you. Those latter accounts would most likely require no probate. If there is a Will then you would need to probate it by filing it in Surrogate's Court in the county in which your Father resided at the time of his death. The executor would file the probate petition and give notice to potential heirs. Once appointed the debts of the estate must be paid and then the assets are to be distributed. Good luck.
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