Probate Lawyers in Jackson Heights Helping Families Through the Difficult Probate Court Process

If you are reading this page, then there is a decent chance that you have recently suffered the loss of a loved one. So, before we continue any further, please allow us to offer our sincere condolences.

After the death of a family member or close friend, their loved ones should be allowed proper time to grieve and address their personal emotions. However, the law requires that the state of the decedent pass through probate. If there is a will, work will be done to determine the validity of the document and field any challenges that interested parties may bring up. Then, debts will be settled for the estate, and any named beneficiaries will be tracked down so that the assets can be properly distributed.

This process can take a long time, come with unexpected expenses, and wear on even the hardiest of people. Probate can also, unfortunately, bring out some of the worst in people, as those who survived the deceased fight over what they think they deserved.

To help you through this tough time, please consider hiring the legal services of an experienced probate attorney. The law firm of Ortiz & Ortiz, LLP has served Jackson Heights and surrounding New York areas for decades in all manners relating to wills, trusts, and estate litigation. To learn more about how we may be of service to you, please contact our law offices for a consultation.

How Long Does the Probate Process Take in New York?

The length of time it takes to complete the probate process from start to finish varies wildly depending on the complexities of the estate, the will, the locating of all beneficiaries, and any disputes that those beneficiaries may raise.

During the process, the estate’s executor must get all assets in order, notify the necessary parties, begin settling the estate and paying off any outstanding debts, distribute the remaining assets to all beneficiaries, and then close the estate.

On the short end of things, the entire probate process could take somewhere between three to five months. However, more likely, you are looking at an expected timeframe of somewhere between seven months and a year.

On the long end of things, some estates are not closed for years, as the probate process may be slowed by estate litigation or court delays. In recent years, the court process has slowed dramatically because of the precautions which must be taken to keep everyone safe during the pandemic.

What Doesn’t Have to Go Through Probate?

While all wills must go through probate, not all assets need to be included in the probate process. Additionally, assets that are put into a trust instead of a will also avoid the probate process.

Assets Which Do Not Need to Enter Probate:

• Funds in a payable-on-death account. Please note that New York does not allow for the transfer of vehicles or property with a payable-on-death deed.
• Joint bank accounts.
• Jointly owned property, such as a family home that is jointly owned by the surviving spouse.
• Life insurance benefits and proceeds.
• Pension plan benefits.
• Property and assets held in a living trust.
• Retirement accounts like a 401(k) or IRA.

What Services Does a Probate Attorney Provide?

Probate is a stressful process in an already stressful time in your life. If there are ways to alleviate some of that stress, you should consider taking advantage of them. One such way would be by hiring an experienced probate lawyer to help you in probate court.

The lawyers of Ortiz & Ortiz have years of experience helping clients through the difficult process of probate in and around Jackson Heights, NY.

Legal Services Our Probate Lawyers Could Provide:

• First of all, filing the will with New York probate court.
• Assisting the executor in their tasks.
• Attending probate court hearings.
• Defense and negotiation during estate litigation and will contests.
• Determining validity of all estate plan documents.
• Filing necessary taxes relating to the decedent and the estate.
• Help in finding all beneficiaries named in the will.
• Notifying all legally interested parties of the passing of your loved one.
• Oversee the distribution of assets to beneficiaries.
• Publishing a notice to creditors and then paying any debts.
• Securing rights of guardianship for any underage children left behind.
• And then, finally when all is said and done, closing the estate.

We understand that this is a challenging time for you. As your legal representative in this matter, we will attempt to provide you with compassionate legal care so that you get through the probate process as quickly and efficiently as possible.

Contact the NYC Probate Attorneys of Ortiz & Ortiz, LLP to Discuss Your Legal Needs

Probate court is a necessary part of the process of closing a loved one’s estate after they have passed away, but it is no one’s favorite part of the legal system. This is a complex, lengthy, and at times costly process where emotions are running high and missteps could result in years of heartache and bitterness. You should not have to navigate this legal process on your own.

The probate lawyers of Ortiz & Ortiz, LLP have the experience and knowledge necessary to help you through this difficult process. We will attempt to provide you with legal advice in a respectful manner that takes into consideration the full weight of the moment you are unfortunately forced to navigate after your loved one’s death.

To discuss your questions and concerns, please contact our law offices to schedule a consultation at 917-540-9772.