The probate process can be stress-free if the circumstances are right, but it can be tough if these circumstances change.
When in probate, things can quickly move in any direction. You find that the person you regarded to be your blood brother turns against you and challenges the will, just because you got more than what he was allocated.
Or a beneficiary passes away during the probate period.
It is sad, but it happens. We have seen beneficiaries that passed away soon after the death of the will-maker. Even in death, keep it in mind that the heir is supposed to get their rightful inheritance even in death.
The Impact of Death on Probate in New York
The law in New York stipulates that if an heir passes away while probate has just started, but at a time before the assets get transferred to his name, then the assets automatically become owned by the predeceased beneficiary.
If you decided to give your son Tommy a house and he passes on before the house is transferred to his name, the house automatically becomes part of Tommy’s estate. This means the house is liable to pass down to the people that Tommy named in his last testament.