Probate Attorney Serving Little Neck, NY

Little Neck is a residential neighborhood in New York City located in the northeastern area of Queens and stretching along the North Shore of Long Island. Like many areas of Queens Borough, Little Neck offers the urban conveniences of city living—balanced with the suburban feel of safe streets and friendly neighbors. This neighborhood is also known for its historical society and civic groups.

Little Neck is home to numerous small businesses and family-owned restaurants—many of which are located near the intersection of Little Neck Parkway and Northern Boulevard. This area also offers a rich cultural presence and traditional New York City-style bodegas, delis, and pizzerias.

What is the probate and estate administration process?

A person’s last will and testament will typically document what that person wants to happen with his or her assets—including real property, bank accounts, stocks, personal belongings, and other interests of that person. Further, the will should also designate an “Executor” (the person in charge of carrying out the wishes expressed in the will). If there is no will, an “Administrator” is appointed by a court to manage or administer a person’s estate. The Surrogate’s Court governs this process, which is known as “probate” when there is a will and “estate administration” when there is no will. The probate or administration process includes:

  • Filing a petition — The nominated Executor in the will files the probate petition and supporting documents with the Surrogate’s Court in the county of the “decedent” (the person who passed away). Supporting documents include the original will and a certified copy of the death certificate. If there was no will, then an individual who wishes to be appointed as Administrator would file the petition. According to New York State law, there is an order of priority with the decedent’s relatives as to who the court would appoint as Administrator.

Under New York Law, the “distributees” (heirs or beneficiaries) are named in this initial petition.

  • Notifying relevant parties — Beneficiaries under the will and, distributees (those who would be entitled to inherit by law, if there was no will) are notified that the estate is in probate. They each have an opportunity to either consent or object to the petition.
  • Taking inventory of the estate — The Executor or Administrator is in charge of collecting and taking inventory of the decedent’s properties and personal belongings, as well as evaluating or appraising the property and belongings.
  • Paying any applicable taxes and debts — Before any interests are distributed from the property, all applicable taxes and debts should be paid. If the decedent does not have enough money to pay these debts, then certain assets may be sold in order to cover these fees.
  • Distributing estate interests to distributees — Once payments are made for any applicable taxes, debts and costs associated with the administration of the estate, then the remaining interest of the estate may be transferred to the beneficiaries (or distributees if there was no will).

The length of your probate and estate administration process will vary widely depending on many factors, including but not limited to: whether the will is contested; whether appraisals are required; whether debts are easily settled; and whether beneficiaries are cooperative. In the most complex cases, the probate process can sometimes take several years to complete.

Ultimately, it is your choice whether you seek legal representation for your probate or estate administration matter. Not only can attorneys save you time and frustration in dealing with complex matters, but they also help ensure the estate process is completed according to the law, properly, and efficiently.

What makes a will valid in New York State?

In order for a will to be considered “valid” in New York State, there are specific legal requirements for how wills must be prepared and executed. New York State statutory law requires:

  • Age and Capacity: The person who creates a will (the “testator”) must be at least 18 years old and have the capacity to know—and fully comprehend—what they are signing.
  • In Writing: The will must be in writing and typewritten. Handwritten or verbal wills are generally not accepted by New York courts—with very few exceptions. Examples of rare exceptions include wills prepared by armed forces members or mariners at sea—but such wills must also conform to specific timing requirements in order to be considered valid.
  • Signatures: The testator must sign the will himself, or, if he is unable to physically sign the will, a person may sign the testator’s name on his behalf. But, if a signee is designated on behalf of a testator, there are additional legal requirements for how he or she signs in order for the will to be valid.
  • Witnesses: In addition to the testator’s signature, at least two witnesses—who are not beneficiaries—must also sign the will. While the best case scenario would be for the testator and witnesses to sign the will in the same moment, the witnesses may sign the will within 30 days of one another.
  • Declaration: Finally, during the will’s execution and attestation, the testator must confirm to each witness that the document the testator signed is indeed their will.

To be sure that your or your loved one’s will meets each of the requirements above, it is best for an experienced attorney to not only prepare the will, but to supervise the execution and attestation of the will. This is the best way to ensure that all of New York State’s strict legal requirements are properly met—and that the testator’s true wishes are carried on.

What happens if a loved one passes away without a will?

A loved one is considered “intestate” when they pass away without an estate plan or last will and testament. When there is a will, then a probate proceeding is filed with the Surrogate’s Court. When there is not a will, however, the estate is distributed according to the applicable State law.

Under New York Law, a petition must be filed to obtain “letters of administration” through a proceeding in the Surrogate’s Court. This is the initial document containing substantive information about your loved one’s family members and estate. Any information presented in the petition should be as complete and accurate as possible. This helps determine “who” receives “what”—which also depends on who the living relatives are and their relationship to the decedent. Ultimately, the family members who are entitled to a share of the estate are called “distributees.”

Do You Need a Probate and Estate Administration Attorney?

If you have an interest in an estate where there is no will, you should contact an attorney as soon as you can. It is best to contact an attorney in the state of the decedent’s last residence or where they owned property. An attorney can provide legal assistance and guidance throughout the probate and estate administration process.

The attorneys of Esther Schwartz Zelmanovitz, PLLC are here to support the residents of Little Neck and New York State. Our law firm has been fortunate to support New York residents in the probate and administration process for many years, and we hope to offer comfort and legal assistance for your family as well. Contact our firm today.