Probate Lawyer in Forrest Hills, Queens, NY

How Intestate Administration Works

When individuals die without a will, they are said to have died intestate. Their estate will typically not go through New York’s probate process. Instead, the surrogate’s court will issue letters of administration that appoint an administrator to act on behalf of the estate. New York’s intestate laws clearly identify who may be the administrator and how to distribute the estate. As estate law attorneys with extensive experience handling intestate administration, we work closely with these appointed administrators to ensure they fully comply with all of New York’s laws.

What Are The New York State Intestacy Laws And How Do They Affect Inheritance?

New York has laws that govern how the probate process should be carried out – when distributing assets and things of this nature – if there is no will or estate plan to provide guidance. This means that state law will determine what happens to a person’s assets, which could mean they pay more in taxes than they intended or that their own wishes for their assets are not carried out.

Some New York intestacy rules have already been set. For instance, if someone passes away with a spouse but no children, then their spouse inherits everything under state law. If the roles are reversed, the children get everything. Probate does get more complicated when there are children and a spouse, as state law says that both sides get half of the total balance of the estate. The spouse also gets the first $50,000, so they may end up with slightly more than the adult children.

The Steps & What to Expect

The steps involved in probate and intestate administration are numerous and complex. This is a broad overview of what you can expect before going through probate or intestate administration:

• Appointment: Secure your role officially in the case.
• Asset management: Identify and gather the decedent’s assets, then address outstanding debts.
• Financial responsibilities: Settle debts, including credit card balances, taxes, and any pending lawsuits. Manage real estate affairs.
• Beneficiary communication: Keep all beneficiaries informed throughout the process.
• Asset distribution: Allocate the decedent’s assets to the beneficiaries as dictated by the will or state law.

Making an error or performing one of the details of these tasks incorrectly can mean long, expensive fixes. It is wise to work with a probate or administration attorney to ensure you complete everything right in the first place.

Probate Disputes Attorneys in Queens

Considering how emotional this time is and how complex New York’s probate process is, serious disputes have the potential to arise. Beneficiaries may contest a will or claim that the executor failed to uphold their fiduciary duty. A surrogate’s court judge will ultimately resolve these matters.

Our attorneys appear in surrogate’s court at least once a week and have represented parties on all sides of contentious probate litigation. We work to find the most efficient resolution possible while preparing for the possibility of a trial at all stages.

Beyond Probate: Offering Comprehensive Legal Support

Our lawyers’ services extend beyond probate and intestate administration to advising trustees on their duties, creating and enforcing medical directives, and managing the disposition of remains.

We understand the weight of responsibility that comes with administering an estate or serving as a trustee. Our firm is here to ensure you fulfill your role with confidence and legal compliance. Contact us to learn how we can support you through these vital tasks.

Why Hire The Probate Lawyers at DeCandido & Azachi?

At our Forrest Hills estate planning firm, we understand that probate can be overwhelming, especially when you're grieving the loss of a loved one. We bring years of hands-on experience to locals, helping executors and beneficiaries efficiently navigate the probate process and resolve disputes in Surrogate’s Court. We take a strategic and results-driven approach, ensuring estates are administered properly while working to minimize delays, legal challenges, and unnecessary costs.

Whether you need guidance as an executor, assistance with estate litigation, or help resolving a contested will, our firm provides compassionate, knowledgeable, and effective legal representation every step of the way. Let us handle the legal complexities so you can focus on what truly matters—honoring your loved one’s legacy.

Contact Queens Probate Lawyers For The Legal Support You Need

If you are the executor of an estate, are facing litigation in a surrogate’s court, or have more questions about this process, we invite you to schedule a free initial consultation with our firm. Please call our Forest Hills law office at 347-808-5746 or send us an email.

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Commonly Asked Questions About Probate in New York

Probate can be a confusing and stressful process, especially when you’re already dealing with the loss of a loved one. Whether you’re an executor managing an estate or a beneficiary with questions about your rights, understanding how probate works in New York is essential. To help, we’ve answered some of the most common questions about probate in Queens, including court requirements, costs, and ways to maintain privacy. If you need further assistance, our experienced probate attorneys are here to provide clear guidance and personalized solutions.

Do You Have To Use The Court In Queens If The Deceased Died There?

Yes, under New York law, probate must be filed in the Surrogate’s Court of the county where the deceased primarily resided. If they lived in Queens, probate must go through the Queens Surrogate’s Court.

This can be challenging for executors or beneficiaries who live out of state. Fortunately, New York offers an electronic filing system (NYSCEF) that allows for remote submission of certain documents. Working with an experienced, local probate attorney can help streamline the process and ensure compliance with state laws.

Are Probate Proceedings in NY Public or Can They Remain Confidential?

In New York, probate is generally a public record, meaning details about the deceased’s assets, debts, and beneficiaries are accessible to the public. However, there are ways to maintain privacy:

• Requesting a “sealing order” from the Surrogate’s Court
• Using trusts to transfer assets outside of probate
• Utilizing small estate administration for estates valued under $50,000

Our attorneys can advise on the best strategies to protect your family’s privacy while ensuring compliance with probate laws.

How Long Does the Probate Process Take in New York?

The duration of probate varies depending on the complexity of the estate. Simple cases can take a few months, while contested estates or those with significant assets may take over a year. Working with an experienced probate attorney can help streamline the process and prevent unnecessary delays.

Can I Avoid Probate in New York?

Yes. Probate can be avoided by using estate planning tools such as revocable living trusts, joint ownership, and beneficiary designations on financial accounts. These methods ensure assets transfer directly to heirs without court involvement.

What is the Difference Between Probate and Estate Administration?

Probate occurs when a deceased person has a will, and the court oversees the distribution of assets. Estate administration applies when there is no will (intestacy), requiring the court to appoint an administrator to distribute assets according to state law.

Who Can Challenge a Will in New York Probate Court?

Heirs, beneficiaries, or individuals with a financial interest in the estate can contest a will. Common reasons for challenges include undue influence, lack of capacity, fraud, or improper execution. A probate attorney can help navigate these disputes effectively.

What Debts Must be Paid During Probate?

Outstanding debts, including medical bills, credit cards, mortgages, and taxes, must be settled before assets are distributed to heirs. The estate executor is responsible for ensuring all debts are paid using estate funds.