Featured Law

When Someone Dies: A Queens Probate Lawyer You Can Count On

Wrapping up a lifetime of financial affairs isn’t easy, especially if the one with responsibility is grieving. When someone dies, the will must be found, filed, and admitted for probate, so that the last wishes it contains can be carried out. An administrative proceeding begins if there is no will. A Queens probate lawyer can work with the estate’s personal representative. An experienced attorney can make sure any hitches or glitches are addressed, according to probate and tax law.

Official Record: Obtaining the Death Certificate

A death certificate is the official record of a person’s death. The funeral home typically purchases copies for the personal representative’s use. For some uses, such as transferring money from the deceased’s insurance or financial accounts to designated beneficiaries, you’ll need a certified copy of the certificate. A certified copy is marked with an embossed seal or a watermark, special security printing, heat-sensitive ink, or a similar security feature.

If the person died in one of the New York City boroughs, you may obtain a certified copy of the certificate from the City’s Office of Vital Records. If the person died in New York State, you may obtain the certified copy through the New York State Department of Health.

Filing for Probate: How It Begins

A certified copy of the death certificate also accompanies the will and petition to open a probate proceeding, along with supporting documents and a filing fee. Filing occurs at the Surrogate’s Court where the deceased person’s primary home is.

Heirs must be located and listed on the petition and notified. The Surrogate’s Court then assumes authority to determine their inheritance rights.

You might have received such a notice, or you might be the executor. Or you might disagree with the appointment of a specific executor. If your interests are at stake in the Surrogate’s Court in Queens, Brooklyn or in the New York City metro area, our office is available to assist you.

Like a Person’s Life, Probate Can Be Simple or Complicated

Some estates are complex and affect numerous creditors and beneficiaries. Some estates can be closed quickly enough to receive a federal tax discount.

The New York State Courts now offer an Electronic Filing (NYSCEF) that can simplify the process by accepting many filings online. Start by finding the county of the appropriate Surrogate’s Court .

No matter how simple or complicated an estate may appear at the outset, an experienced lawyer can ensure all aspects of the estate are handled correctly. When the time comes to sit down with a Queens probate lawyer, Attorney Joseph Ledwidge can help you act promptly and knowledgeably. Call 347-801-2849 to set up a consultation at your convenience.

Source

https://www.nycourts.gov/CourtHelp/WhenSomeoneDies/probate.shtml

https://www.nycourts.gov/CourtHelp/WhenSomeoneDies/deathCertificate.shtml