Over the years, we have successfully established ourselves as a leading law firm when it comes to probate and estate planning. It is our aim to assist our clients in navigating the complexities of probate, ensuring that the typically traumatic process goes on with much fewer complications and concludes as quickly as possible. Estate planning is another area in which we are specialized. We carry out proper estate planning for our clients such that makes probating their estate much more simplified. This we do via the creation of trusts, gifting, tax planning. We understand that some persons living outside NY may be appointed as the executor of a New York estate. We help to educate them about the NY probate system and ensure they carry out their duties efficiently.
Major steps in a probate process
In simple terms, probate has to do with validating the will and then disbursing the estate according to the will (if valid) or according to intestate laws of succession (when there is no valid will). In between, there are core aspects that make up the probate process:
- An individual must be appointed as the decedent’s personal representative who becomes responsible for administering and disbursing the estate. He can be named in the will as the executor, or otherwise be appointed by the probate court as the estate administrator.
- The personal representative is responsible for initiating probate by filing a petition to the probate court.
- The court schedules a hearing in which the family members and relatives of the decedent would be present.
- The decedent’s assets are identified and valuated
- Probate fees, estate tax and debts owed by the decedent as well as funeral expenses are paid.
- The estate is then distributed to the named beneficiaries or heirs-at-law for an intestate estate.
Note: A person is said to have died intestate when they died without leaving a valid Last Will.
Probate in Queens, New York
Probate is a legal process carried out to check the validity of a deceased person’s will. The ultimate aim of probate is for the decedent’s estate to be lawfully disbursed. The probate process in Queens is most often complex, expensive and lengthy, taking even more than a year before the inheritors can get their share of the estate. If there are will contests, litigation and family disputes during probate, it potentially becomes even more complicated and lengthy. Probate is carried out in the county where the deceased lived and owned property. There are several legal formalities involved in the process and it is important that mistakes are avoided. If you need help in probating the estate of a loved one, kindly call our NY based law office to consult with a Queens Probate Attorney 11434.
What will a probate attorney do for you?
- Your probate attorney will help in the proper filing of the petition to avoid court rejection.
- Actively support the personal representative in the management of the estate in terms of assessment of the assets, liquidation of assets and investing when necessary, dealing with creditors, settling estate debts and taxes, preparing tax return forms and other paperwork.
- Offer legal representation during will contest and estate litigation proceedings.
- Represents the personal representative in dealing with the county Surrogate’s court.
- Educate the client and family members of the deceased about the probate process, thus preventing misunderstandings and unnecessary conflicts.
- The executor or estate representative would usually act in manner that would have been pleasing to the deceased. Following the desires and wishes of the deceased as stated in the last will.
- Part of estate may be sold or used to raise funds to pay off debts, creditors, taxes and expenses incurred during probate. Thus, the probate attorney or executor proceeds to sharing the remaining estate.
- The date of death value of the deceased assets must be obtained through either bank statements or appraisal and submitted to the court. Most state just like the New York require the executor of the estate to itemize all the decedent’s assets and properties along with the date of death values.
- The probate process could be long or short depending on the complexity of the cases surrounding the will.
- A probate attorney is vital to quick settlement of the probate process.
- Proper estate plan would typically quicken probate process. Estate document such as living trust, power of attorney could be used with a last will.
Contact a probate Attorney 11434, Queens, NY
Our law office provides esteemed services to clients in and out of Queens wishing to probate an estate in Queens, NY. We work directly with the Surrogate’s Court, thus acting as an intermediary between the court and the personal representative. Contact us to speak with a probate attorney.