Queens Estate Administration Lawyer

When a loved one passes away, families are often left with questions about what happens next. Who has the authority to access bank accounts? Can the family sell the house? What happens to outstanding bills? Before these and many other issues can be resolved, the estate must be administered in accordance with New York law. Depending on the circumstances, that process may involve the appointment of an executor or administrator by the Surrogate’s Court.

At Stephen Bilkis & Associates, our experienced Queens estate administration lawyers represent executors, administrators, beneficiaries, and heirs in estate matters throughout Queens. Stephen Bilkis, founder of Stephen Bilkis & Associates, has been recognized by Super Lawyers, received an Avvo Excellent rating, and earned recognition from Justia, Expertise.com, and TopLawyer.com. We help clients understand their rights and responsibilities, navigate the estate administration process, and address legal issues that may arise while settling an estate.

What Is Involved in the Estate Administration Process?

For many of our clients, this is the first time they have been closely involved in the estate administration process. While estate administration is not always simple, the goal is generally the same: identify the deceased person’s assets, pay valid debts and taxes, and distribute the remaining property to the people who are legally entitled to receive it. Depending on the circumstances, the process may involve probate if the deceased person left a valid will or estate administration if there is no valid will.

Although no two estates follow exactly the same path, estate administration commonly involves:

• Identifying and collecting estate assets.
• Determining which assets are probate assets and which pass directly to a beneficiary.
• Protecting real estate, financial accounts, and other valuable property.
• Paying valid debts, taxes, and administration expenses.
• Communicating with beneficiaries, heirs, creditors, and financial institutions.
• Distributing the remaining estate property.
• Closing the estate once all legal requirements have been satisfied.

Some estates are relatively straightforward, while others involve business interests, multiple parcels of real estate, missing beneficiaries, or disputes among family members. When disagreements cannot be resolved, they may become estate litigation and require the Surrogate’s Court to decide the issues before the estate can move forward. An experienced Queens estate administration lawyer can help protect your interests and work toward resolving those issues as efficiently as possible.

What Are the Responsibilities of an Executor or Administrator?

We represent both executors and administrators, and one of the questions we are asked is what the difference is between the two. The main difference is how they are chosen. An executor is the person named in a will to settle the estate. If there is no valid will, or if the named executor is unable to serve, the Surrogate’s Court appoints an administrator instead. Although they receive their authority in different ways, they have many of the same responsibilities when settling the estate.

Common responsibilities include:

• Locating and safeguarding estate property.
• Opening an estate bank account when appropriate.
• Notifying financial institutions and other interested parties of the death.
• Paying valid debts, taxes, and administration expenses.
• Keeping accurate records of all money received and spent.
• Providing information to beneficiaries and heirs when required.
• Distributing the remaining estate assets according to the will or, if there is no valid will, under New York’s laws of intestate succession. See EPTL § 4-1.1.

Serving as an executor or administrator can require a significant investment of time. Because of those responsibilities, New York law generally allows fiduciaries to receive compensation. These executor fees are typically calculated using a statutory commission, although a will may provide different compensation or direct that the executor serve without compensation. See SCPA § 2307. An experienced Queens estate administration lawyer can explain a fiduciary’s responsibilities, help avoid common mistakes, and provide guidance throughout the administration process.

How Do You Prepare an Estate for Probate?

We understand that the days, weeks, and months following the death of a loved one are difficult, and that dealing with legal matters is probably the last thing on your mind. Even so, taking a few practical steps early can make the probate process more manageable and help avoid unnecessary delays later. Preparing an estate for probate generally begins with gathering information and organizing important records.

Some of the first things to do include:

• Locate the original will, if one exists. The original will is generally required to begin the probate process. It also identifies the person the deceased chose to serve as executor and explains how the estate should be distributed.
• Obtain certified copies of the death certificate. Banks, insurance companies, government agencies, and other organizations often require certified copies before they will release information or transfer assets. If your loved one died in Queens or elsewhere in New York City, certified copies are available through the New York City Department of Health. If the death occurred outside New York City but within New York State, they are generally obtained from the New York State Department of Health. If the death occurred in another state, they are typically obtained from that state’s vital records office. It is usually a good idea to obtain several certified copies because many organizations require an original rather than a photocopy.
• Prepare a preliminary list of assets and debts. Include everything the deceased person owned and owed, even if you do not yet have complete information. This list can help determine the size of the estate and identify issues that may need to be addressed during estate administration.
• Collect financial records, deeds, insurance policies, tax returns, and other important documents. These records help identify estate assets, outstanding debts, and other financial obligations. Organizing these documents early often makes the estate administration process more efficient.
• Identify property that may pass directly to a beneficiary without probate. Not every asset becomes part of the probate estate. For example, jointly owned property and accounts with designated beneficiaries often transfer directly to the surviving owner or named beneficiary.
• Secure homes, vehicles, valuables, and other estate property. Estate assets should be protected from loss, theft, or damage while the estate is being administered. Depending on the circumstances, this may include changing locks, maintaining insurance coverage, forwarding mail, or arranging for routine maintenance of a vacant home.
• Determine who should petition the Surrogate’s Court to be appointed as executor or administrator. If there is a valid will, the person named as executor will usually file the petition. If there is no valid will, the Surrogate’s Court will determine who has priority to serve as administrator under New York law. See SCPA §§ 1001-1002.

Preparing the estate also involves determining whether probate is actually required. Some assets pass automatically to another person through joint ownership or beneficiary designations and are not part of the probate estate. Other assets owned solely by the deceased person generally cannot be transferred until the appropriate legal authority has been granted.

An experienced Queens estate administration lawyer can help you gather the documents and information needed to begin the estate administration process. Whether the estate consists of a single home and a few financial accounts or includes business interests, investment portfolios, or other high-value assets, we provide guidance tailored to the unique circumstances of each estate.  

How Long Does Estate Administration Take?

We understand that when a loved one dies, most families want to settle the estate as efficiently as possible so they can move forward. Unfortunately, estate administration is rarely a quick process. There is no standard timetable for settling an estate. Some estates can be completed in a matter of weeks, while others remain open for many months or even several years. The length of the process depends on the assets involved, whether disputes arise, and the amount of work required to complete the administration.

Several factors can affect how long estate administration takes, including:

• Whether the estate qualifies for New York’s Voluntary Administration procedure. Smaller estates that qualify may often be completed in a matter of weeks. See SCPA art. 13.
• The time required for creditors to present claims. Executors and administrators are often advised to wait at least seven months before making final distributions because New York law allows creditors time to file valid claims. See EPTL § 11-1.5; SCPA § 1802.
• Whether real estate, business interests, or other valuable assets must be appraised or sold.
• Whether tax returns must be prepared before the estate can be closed.
• Whether additional assets are discovered after the administration process has begun.
• Whether disagreements among beneficiaries or heirs lead to estate litigation.

Although waiting for an inheritance can be frustrating, executors and administrators generally must complete these legal responsibilities before making final distributions. An experienced estate administration attorney in Queens can evaluate the circumstances of the estate, identify factors that may affect the timeline, and help move the administration process forward as efficiently as possible.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Administering an estate can involve a wide range of legal and financial responsibilities. Depending on the circumstances, executors and administrators may need to obtain authority from the Queens County Surrogate’s Court, identify and protect estate assets, pay valid debts and taxes, respond to creditor claims, resolve disputes among family members, and distribute property in accordance with New York law. Having experienced legal guidance throughout the process can help avoid unnecessary delays, costly mistakes, and potential personal liability.

At Stephen Bilkis & Associates, our experienced estate administration attorneys serving Queens represent executors, administrators, beneficiaries, and heirs throughout Queens and the surrounding New York metropolitan area. Stephen Bilkis, founder of Stephen Bilkis & Associates, has been recognized by Super Lawyers, received an Avvo Excellent rating, and earned recognition from Justia, Expertise.com, and TopLawyer.com. We provide practical guidance tailored to the needs of each estate, help clients understand their legal rights and responsibilities, and work to move the estate administration process toward a timely and efficient resolution.

Whether you are serving as an executor, administrator, beneficiary, or heir, contact us at 800.696.9529 to schedule a free, no-obligation consultation. We serve clients throughout Manhattan, the Bronx, Queens, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding communities across the New York metropolitan area.