Helping Queens County Residents With All Aspects Of Probate Proceedings
Last updated on August 1, 2024
The lawyers at DeCandido & Azachi, PLLC, have worked extensively on complex and highly contentious probate matters in Queens, Nassau County and throughout New York City. Our estate and probate attorneys provide legal counsel to executors and beneficiaries who need help navigating the probate process or litigation in the surrogate’s court. We focus on finding effective solutions to quickly resolve any probate-related issues you and your family are facing.
What Is New York’s Probate Process?
This is a formal process filed with the surrogate’s court to determine if a will is valid. If the surrogate’s court determines the will is valid, the executor will need to fulfill their fiduciary duties, including paying the deceased’s debts and distributing assets to the beneficiaries.
This process is complex. It is often difficult for executors to know how best to act. We work closely with executors throughout New York City to ensure they are accurately completing every phase of the probate process. If you are the subject of any litigation in a surrogate’s court, you can feel confident knowing that our skilled trial attorneys will establish a strong defense for you.
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.
Do You Have To Use The Court In Queens If The Deceased Died There?
Under New York inheritance laws, paperwork typically needs to be filed in the surrogate’s court. The court used will be the one in the same county where the deceased person had a primary residence and where they lived the majority of the time. If they passed away at their home in Queens, for example, the correct surrogate’s court does need to be used.
This can sometimes complicate probate for those who are trying to deal with the legal process from a distance. For example, adult children may have grown up and moved to a different state. If you’re in this situation, you may be able to file some of the paperwork via an online system called the New York State Courts Electronic Filing (NYSCEF) system. This is also why it’s so important to work with an experienced and local law firm when dealing with New York State intestate succession.
What Are The Steps In Probate And Administration?
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.
What Is The Average Cost For A Probate Attorney In Queens?
Many clients are concerned about attorney fees when navigating the complexities of probate in Queens. On average, probate attorneys charge between $200 and $500 per hour for their services. However, various factors can influence this cost, such as the complexity of the estate and the time required to resolve any disputes.
At DeCandido & Azachi, PLLC, our lawyers are committed to transparency and honesty in our billing practices. We understand that some attorneys might not be fully upfront about the services their clients truly need, potentially leading to unnecessary costs. Our approach is different – we prioritize our clients’ best interests and provide clear, detailed explanations of our services and fees.
Why is an attorney necessary for probate in New York? The probate process can be intricate, involving complex legal procedures and potential disputes among beneficiaries. Our attorneys can guide executors through their responsibilities, help interpret the will, assist with asset valuation and represent the estate in court if necessary.
While hourly rates are common, some clients wonder about flat fee options. We’ve explored this topic in depth in our blog post, “Is Flat Fee Legal Representation Truly the Best Option?” We encourage you to read it for more insights into choosing the right fee structure for your needs.
Are Probates Included In Public Records Or Can They Remain Confidential?
Generally, probate proceedings in New York are part of the public record. This means information on the deceased person’s assets, debts and beneficiaries is available for anyone to access. However, we understand that many of our clients have privacy concerns regarding their family’s financial matters.
In certain circumstances, it may be possible to keep some or all of an estate administration private. According to the New York State Unified Court System, there are a few ways to maintain confidentiality:
- Filing for a “sealing order” from the surrogate’s court judge
- 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 privacy while ensuring legal compliance. We work diligently to balance the need for transparency in the probate process with our clients’ desire for discretion.
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.
Contact Our Probate Lawyers For The Assistance You Deserve
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 718-690-7715 or send us an email.