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for Suffolk County, NY Consumers

New York Inheritance Law & Probate Procedure

  • New York PROBATE COURT FINDER:
  • How Probate Works in New York: How to handle the probate of an inheritance at Suffolk County's probate court.
  • Small Estates Procedures in New York: Learn how to use New York's Small Estate procedures that can save you time and money.
    • There is no Affidavit procedure available in New Jersey. There is a summary probate procedure, but only if there's no valid Will:

      1. If the value of all property is less than $50,000, and the surviving spouse or registered domestic partner is entitled to all of it.

      N.J. Stat. Ann. 3B:10-3.

      2. If the value of all property is less than $20,000, and there is no surviving spouse or registered domestic partner, one heir, with the consent of the others, can file an Affidavit with the court and receive all of the assets.

      N.J. Stat. Ann. 3B:10-4.

  • New York Estate Taxes:
    • New York, like most states, does not impose an estate or inheritance tax. Only a few states do.

  • Avoiding Probate in New York. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
    • Transfer on Death Deeds (TODDs)
      • New Jersey does NOT offer a statutory transfer on death deed (TODD), (despite incorrect statements you may find on some internet websites).

        Most states in the northeast do not have statutory TODDs.

        However, as of 2023, New Jersey now allows TOD registration for motor vehicles.


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