Best Probate Lawyers in Yonkers

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Yonkers, New York?

  The Yonkers Police Department’s non-emergency contact number is 914-377-7900.

• Where can I get a copy of police reports for incidents related to my case in Yonkers, New York?

  Requests for incident reports are received and processed by the Yonkers Police Records Unit, which can be contacted at 914-377-7232 and visited at the Second Floor, Cacace Justice Center, 104 South Broadway.

• When can a Yonkers estate bypass the full probate process?

  In Yonkers, estates that are over 50,000 dollars are the only ones required to undergo full and formal probate. The amount does not necessarily include every asset. If an asset has another beneficiary or is jointly owned, it may be transferred to the beneficiary directly and is not counted toward the estate’s total value. Non-probate assets include IRAs, life insurance policies, jointly owned bank accounts, U.S. savings bonds, and specific assets under the New York Probate Code’s Section 5-3.1.

• What is the probate law in Yonkers that provides exemption for the benefit of one’s family?

  The state probate code’s Section 5-3.1, which is followed in Yonkers, notes that certain assets are exempted for the benefit of the decedent’s family. They are not part of the 50,000-dollar small estate threshold count. The law states that specific assets in a property go directly to either the surviving spouse or children under age 21. Such items include farm animals, household items, and cash and cars with a maximum of 25,000 dollars in value each.

• What documents should be submitted in a petition for probate in Yonkers?

  The documents for submission in a petition for probate in Yonkers include the petition form, a copy of the death certificate, and a copy of the decedent's will. The details that should be included in the papers are the date of death, an estimate of the value of the estate, and the heirs-at-law, should the will be deemed invalid. Heirs-at-law are those who are entitled to the estate—usually close relatives or children—if the decedent passed away with no will.

• What is a Surrogate’s Court, and where is the one in Yonkers located?

  Surrogate’s Courts are what probate courts are referred to in the state of New York. Probates for Yonkers decedents are held in the court for Westchester County, whose address and contact information are: 19th floor 111 Dr. Martin Luther King Jr. Blvd White Plains New York 10601 Phone no.: 914-824-5656 Fax no.: 914-358-8042 VirtualWestchesterSurrogatesCourt@nycourts.gov

  The Surrogate’s Court that presides over probate proceedings is in the county where the deceased resided at the time of their death.

• In Yonkers, what are the requirements for a will to be considered valid and acceptable for probate?

  A will is valid and acceptable for probate in Yonkers if:

  • the testator signed their will in the presence of at least two witnesses;
  • the testator declared that it was their last will and testament;
  • the testator requested the witnesses to witness the former’s signature;
  • all witnesses affixed their signature on the will in the presence of the others; and
  • the decedent had testamentary capacity during the creation of the will and did so freely with no undue coercion, influence, or duress.