Queens Probate Lawyer

The period following the death of a loved one is often filled with questions. Families may need to locate important documents, access financial accounts, maintain property, and determine what legal steps must be taken to settle the estate. When a person owned property solely in their own name, it is often necessary to go through probate before that property can be transferred to the appropriate heirs or beneficiaries.

Many of our clients have never been involved in a probate proceeding before. We understand that the process can seem daunting and stressful, particularly when families are already coping with the loss of a loved one. Questions about wills, inheritance rights, debts, and estate administration often arise unexpectedly. We take the time to answer those questions, explain the legal process in plain English, and help clients understand what to expect as the estate moves through the Surrogate’s Court.

At Stephen Bilkis & Associates, our experienced Queens probate lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate and estate-related proceedings. The firm is led by Stephen Bilkis, who has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. We assist clients with estate administration, probate litigation, will contests, fiduciary disputes, trust matters, and other proceedings involving decedents’ estates. Whether an estate involves a modest family residence or substantial assets accumulated over a lifetime, we work to protect our clients’ interests and help them navigate the legal issues that can arise during the administration process.

What Is Probate?

Probate is the court process used when a person dies with a will. The executor is responsible for administering the estate, which includes gathering property, paying debts and taxes, and distributing inheritances to beneficiaries. If a person dies without a will, the Surrogate’s Court can appoint an administrator to carry out many of the same responsibilities through a separate court proceeding known as estate administration.

For residents of Queens, probate matters are generally handled in the Queens County Surrogate’s Court. The court oversees probate proceedings, estate administration matters, guardianships, trust proceedings, fiduciary accountings, and disputes involving estates. Although many proceedings are uncontested, the court also hears cases involving will contests, inheritance disputes, fiduciary misconduct claims, and other probate-related litigation.

The judge who presides over the Queens County Surrogate’s Court is known as the Surrogate. Unlike many judges who are appointed, the Surrogate is elected by voters within the county. The current Queens County Surrogate is Hon. Cassandra A. Johnson, who presides over matters involving wills, estates, trusts, guardianships, and other proceedings within the court’s jurisdiction.

The Queens County Surrogate’s Court is located at:

88-11 Sutphin Boulevard
Jamaica, New York 11435

Telephone: (718) 298-0500

For many families, probate is their first experience with the court system. Understanding the role of the Surrogate’s Court can make the process less intimidating and help families better understand what to expect as an estate moves forward.

What Happens During the Probate Process?

Every estate is different, but most probate proceedings involve a series of steps that must be completed before property can be distributed and the estate can be closed. Some estates move through the process relatively smoothly, while others require additional court involvement because of disputes, complex assets, will contests, or other issues that can lead to estate litigation.

Common stages of the probate process include:

• Starting the court proceeding. In Queens, probate generally begins when a petition is filed with the Queens County Surrogate’s Court. The filing is typically accompanied by the original will, a certified death certificate, and other required documents. Interested parties must receive notice of the proceeding and be given an opportunity to participate if their rights may be affected.
• Receiving authority from the court. Once the will is admitted to probate, the court issues Letters Testamentary to the executor. These documents allow the executor to act on behalf of the estate.
• Identifying estate property. The executor must determine what property belongs to the estate. This may include real estate, bank accounts, investment accounts, business interests, vehicles, personal belongings, and other property.
• Addressing financial obligations. The executor must review creditor claims, pay valid debts, satisfy taxes, and address expenses associated with administering the estate.
• Distributing inheritances. After debts and expenses have been addressed, the remaining property is distributed according to the will. If there is no will, the property is distributed pursuant to New York’s intestacy laws. See N.Y. Est. Powers & Trusts Law § 4-1.1.
• Completing the administration. The executor typically prepares an accounting showing how estate property was handled before the estate is formally closed.

Probate proceedings can involve a wide range of legal and practical issues, from gathering assets and paying debts to resolving disputes among family members. Whether an estate involves routine administration or estate litigation, our experienced Queens probate lawyers help clients navigate the process and protect their interests throughout the proceeding.

What Happens if Someone Dies Without a Will?

When a person dies without leaving a valid will, New York’s intestate succession laws determine who inherits the property left behind. Intestate succession is the legal process used to distribute an estate when there is no will. Rather than following written instructions from the deceased person, the estate is distributed according to a priority system established by state law. See N.Y. Est. Powers & Trusts Law § 4-1.1.

Many people are surprised to learn that a surviving spouse does not always inherit everything. The distribution of property depends on the family members who survive the deceased person. Depending on the circumstances, property may pass to a spouse, children, parents, siblings, or other relatives in the order established by New York law.

When there is no will, probate is generally replaced by an administration proceeding in the Queens County Surrogate’s Court. Because no executor has been named, the court must appoint an administrator to handle the estate. The administrator is responsible for gathering property, paying debts and taxes, maintaining estate records, and distributing property to the appropriate heirs.

In our experience, intestate succession proceedings often raise questions that families are not expecting to face. Relatives may disagree about who should serve as administrator, uncertainty may exist regarding family relationships, or heirs may be difficult to locate. We have helped many families navigate these issues and understand the legal requirements involved in administering an estate without a will. Our experienced Queens probate lawyers help clients identify heirs, address disputes, navigate proceedings in the Queens County Surrogate’s Court, and move the administration process forward in accordance with New York law.

What Happens if Family Members Disagree About an Estate?

Disagreements sometimes arise during the administration of an estate, particularly when family members have different expectations regarding inheritance, the validity of a will, or the actions of an executor or administrator. While some disputes can be resolved through discussion or negotiation, others require intervention by the Queens County Surrogate’s Court and may result in estate litigation.

Some of the more common disputes that arise during probate and estate administration include:

• Challenges to a will. Family members may question whether the will reflects the deceased person’s true wishes. Claims may involve allegations of undue influence, fraud, lack of mental capacity, or problems with the execution of the will.
• Disputes involving executors and administrators. Beneficiaries sometimes raise concerns about how estate assets are being managed, whether information is being shared appropriately, or whether distributions are being delayed unnecessarily.
• Fiduciary misconduct claims. Executors, administrators, trustees, and agents acting under powers of attorney owe fiduciary duties to others. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals emphasized that fiduciaries must act in the best interests of the individuals they serve and may not use their position for personal benefit.
• Inheritance disputes. Questions sometimes arise regarding who is entitled to inherit property, particularly when family relationships are complicated or when someone believes they were improperly excluded from a will.
• Disputes involving trusts. Beneficiaries may disagree with a trustee’s decisions, question how trust assets are being managed, or seek information regarding trust administration.
• Conflicts involving estate property. Family members may disagree about whether certain property belongs to the estate, whether assets were transferred before death, or how estate assets should be valued and distributed.

When clients come to us because an estate dispute has developed, they are often dealing with both legal and family issues at the same time. Questions about inheritance, fiduciary conduct, and a loved one’s intentions can quickly become emotionally and financially significant. Our experienced Queens probate lawyers work closely with executors, administrators, beneficiaries, heirs, and trustees to evaluate claims, gather evidence, pursue practical solutions when possible, and protect our clients’ interests throughout the estate litigation process.

How Long Does Probate Take?

Many families want to know how quickly an estate can be settled. While every situation is different, probate is rarely completed in just a few weeks. The process involves court filings, financial reviews, creditor issues, and other legal requirements that take time to complete.

Even relatively simple estates generally remain open for at least seven months. New York law provides protection to executors and administrators who wait seven months before making final distributions because creditors are generally given that period to present claims against the estate. See N.Y. Surr. Ct. Proc. Act § 1802. As a result, many fiduciaries wait until the seven-month period has expired before distributing all remaining estate property.

Several factors can increase the amount of time required to complete probate:

• Will contests and estate litigation. Court proceedings involving challenges to a will or disputes among interested parties can significantly extend the administration process.
• Disagreements among family members. Conflicts regarding inheritance rights, distributions, or the actions of a fiduciary may need to be resolved before the estate can move forward.
• Missing heirs or beneficiaries. The estate cannot always move forward until the people who may be entitled to inherit have been identified and notified. If relatives are difficult to locate, the process may be delayed while efforts are made to find them.
• Real estate issues. When an estate includes a home or other real estate, the property may need to be appraised, transferred, or sold before the estate can be settled. These steps often take time and can delay distributions to beneficiaries.
• Business interests. If the estate includes a business, additional time may be needed to determine its value and address issues related to ownership, management, or a potential sale. These matters can significantly extend the probate process.
• Debts owed by the estate. If a person dies owing money, the individuals or companies seeking payment may file what are known as claims against the estate. Before property can be distributed, the executor may need to determine whether the estate owes money to credit card companies, medical providers, lenders, or other creditors. Disputes about these debts or claims can take time to resolve and may delay the closing of the estate.
• Tax matters. Executors are often required to file tax returns and address any taxes owed by the estate. The estate may need to remain open until tax issues have been resolved and any required payments have been made.
• Unusual or hard-to-value property. Some assets are not easy to value. Collections, artwork, intellectual property, privately owned businesses, and certain investments may require appraisals or expert opinions before they can be fairly distributed or sold.

Over the years, we have represented clients in both straightforward estate administrations and highly contested proceedings. Our experienced probate lawyers in Queens help clients understand the probate timeline, address issues that arise, and work toward the efficient resolution of estate matters.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate matters can become complicated when family members disagree, questions arise about a will, debts need to be addressed, or concerns develop about how an estate is being handled. Whether you are serving as an executor, seeking appointment as an administrator, protecting your rights as a beneficiary, or involved in an estate dispute, an experienced probate attorney serving Queens can help guide you through the process..

At Stephen Bilkis & Associates, we represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate, estate administration, estate litigation, trust matters, and related Surrogate’s Court proceedings. The firm is led by Stephen Bilkis, who has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and been listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. We handle both routine probate matters and complex proceedings involving contested wills, fiduciary disputes, substantial assets, closely held businesses, real estate holdings, and challenging family dynamics.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients throughout Queens, Manhattan, Brooklyn, the Bronx, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding communities throughout the New York metropolitan area.