Frequently Asked Questions About Probate

If you face the probate process in New York, you probably have many questions about the legal issues. On this page we provide general information and answers to frequently asked questions. For answers to questions about your specific case, consult with an experienced New York probate law lawyer.

Probate Frequently Asked Questions

Q: How long does the probate process take?

A: Anywhere from a couple of months to years, depending on the issues of your particular case. Factors that affect the length of the probate process include the amount of assets, whether or not there is a valid will and whether anyone is contesting the will.

Q: How much does probate cost?

A: Again, the answer depends on the complexity of the estate and whether or not there are disputes involved. Our law firm provides reasonable rates and flexible payment options to help clients manage the costs of the probate process.

Q: Do I need an attorney for the probate process?

A: There is no law stating you need an attorney, but if the estate has significant assets and potential legal issues, you are better served by retaining your own counsel. If you are a beneficiary, you need to make sure you obtain your fair share of the estate. If you are an estate executor or administrator, an experienced lawyer can help you avoid costly personal liabilities.

Q: What if my family member passed away without a will?

A: Estate administration is the process of settling the financial affairs of someone who died without a will, legally referred to as intestate. In the estate administration process, assets are distributed according to New York laws of intestacy.

Q: Can I have the executor removed?

A: If you suspect the executor is not fulfilling his or her fiduciary duties, you can file a petition to compel an accounting by the executor. This will require the executor to produce a full accounting of his or her activities, including all transactions involving estate assets.

Contact A New York City Probate Attorney

If you have questions about the probate process in New York, we are here for you. Reach us online or by telephone at 347-395-4799 to arrange a consultation with a knowledgeable probate litigation lawyer.

We represent individuals and families around Queens, Brooklyn and New York City.