new-york-state wills probate
Property and Intestacy when married
<p>What happens to property without a will while it is in probate?</p>
<p>An <a href="https://www.irs.gov/retirement-plans/individual-retirement-arrangements-iras" rel="nofollow noreferrer">IRA</a> with a named beneficiary is exempt from probate.
A house in joint tenancy does not pass through probate.
However, say a car is titled in only one spouse's name.</p>
<p>What would actually happen with the registration, title, etc?</p>
<p>The car can not be used by the living spouse?</p>
<p>The auto itself goes into probate?</p>

<p>Any property of a decedent which does not evade probate because of a transfer on death deed is subject to probate. It turns out that this probate avoidance in New York <em>can</em> include one automobile within a family, <a href="https://dmv.ny.gov/forms/mv843.pdf" rel="noreferrer">here</a> is the main form and a <a href="https://dmv.ny.gov/files/mv3491pdf" rel="noreferrer">companion form</a>. But let's say that the car is worth more than the limit (and you don't want to pay the estate the excess), then it might have to go through the longer process. That does not mean that the spouse cannot use the vehicle, as long as the spouse takes reasonable action to transfer the vehicle (waiting 5 years is not reasonable).</p>
