Will, Probate, Trust

[ophelia]

What is the name of your state (only U.S. law)? New York:

My grandmother passed away and had left a quit claim deed signed and dated to transfer real estate. The real property office in my county will not file it without the will being probated. My grandmother,under someones legal advise, had all the paperwork completed (IE. will and living trust) to avoid probate. I have read as much as I can and see no reason for it to be probated. The property is not mentioned in the will as it was assumed the property could be transferred without probation. I need to file this deed, do I or do I not need it probated??

 

[Dandy Don]

Probably her goal in wanting to avoid probate was to achieve the smallest tax burden possible. However, since real estate is involved here, probate is automatically necessary in order to legally record the names of the new property owners and the tax burden is not affected. So, yes, probate is needed and if you have any doubts you can consult with a local attorney.