Q: In NY, who can file for probate of will? Is it only the executor or can a beneficiary (i.e. child of deceased) file?
Need clarification about who must file for probate following a relative's death. Relative in question has multiple children and one of the children is named executor of will. However, I want to know if any beneficiaries in the will can initiate probate.
A: Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.
A: Anyone can initiate probate. Whoever has the original will is mandated to file it. If they do not, there is a petition to compel production of the original will that starts the case.
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