When a loved one passes away, the court process that follows is the last thing you want to manage on your own. Roman Aminov, a Super Lawyers honoree with a perfect 10.0 "Superb" Avvo rating, will guide you through probate in Queens County Surrogate's Court, and in most cases you will never need to set foot in court.
Walk-ins welcome at our Flushing office: 147-17 Union Turnpike, Flushing, NY 11367
Avvo 10.0 "Superb" (the highest rating Avvo awards) • Super Lawyers selection • Free consultation with an attorney, not an intake screener
Probate is the court process that follows a death. Our job is to get your loved one's will admitted to probate and to help you handle the affairs of the estate afterward.
We focus on probate and work with the Surrogate's Court every day. We know its local rules and customs, which keeps your case moving instead of stuck in a queue.
Here is what we handle for you:
Until Letters are issued, banks won't release funds and property can't be sold. Getting them is usually the first thing we do.
The honest answer is that it depends. The size of the estate, the types of assets, the county, and whether anyone contests the will all play a role. Here are the typical timelines:
| Stage | Typical timeframe |
|---|---|
| Will admitted to probate (uncontested, NYC) | 1 to 3 months, with about 2 months average |
| Minimum time to complete the estate | About 7 months from admission |
| More complex estates | Can stay open for 2 years or more |
Why 7 months? After the will is admitted, the executor must collect assets, pay debts and make distributions. An executor who distributes assets before 7 months have passed from appointment can be personally liable to creditors. We keep you on the right side of that rule.
Many people assume probate is always long and expensive. In reality, most probate matters are handled quickly and efficiently.
For a straightforward case, where no one contests the will or the executor, and all next of kin (distributees) can be found and will sign a waiver of process and consent to probate, you can expect legal fees of $3,000 to $3,500 to have the will admitted to probate.
Court filing fees are separate. They vary with the size of the estate and can reach $1,250 for estates worth more than $500,000.
Every estate is different, so we discuss fees upfront and give you a customized quote before you commit. Some matters are flat fee and others are hourly, and you will always know which.
In New York, there is no statute of limitations on probating a will. Roman Aminov has probated wills for people who passed away more than 25 years earlier.
Even so, we recommend starting as soon as possible. Over time, witnesses, beneficiaries and executors become harder to find, which means delay and added cost. Many courts will also ask for an affidavit explaining why probate wasn't filed sooner, and whether any creditors or beneficiaries were affected.
If a loved one's will has been sitting in a drawer for months or years, call us. It is rarely too late.
What do I need to start probate?
Typically the original will and a death certificate. If you don't have them yet, we can still get started. We prepare the petitions, affidavits, waivers and notices.
What's the difference between probate and estate administration?
Probate applies when there is a will. Administration applies when someone dies without one (intestate). We handle both.
Will I have to go to court?
In most matters, no. We handle the filings and appearances.
What if a family member contests the will?
Contested matters follow a longer, separate track. Call us early, because your options narrow once objections are filed. See our Estate Litigation & Will Contests page.
Do I need a probate lawyer if there's a will?
Even with a will, the court process is technical and mistakes cause delays. A probate attorney keeps it correct from the first filing.
You don't have to figure out probate alone. Call for a free phone consultation, or stop by our Flushing office.
[Call (347) 766-2685] | [Request a Call Back]
Law Offices of Roman Aminov
147-17 Union Turnpike, Flushing, NY 11367
Walk-ins welcome
Related: Queens Estate Planning • Elder Law
Attorney Advertising. Prior results do not guarantee similar outcomes. This page is general information, not legal advice, and does not create an attorney-client relationship. Free consultation applies to an initial phone consultation.
