These are statute-grounded answers to the questions Brooklyn families ask most about probate in the Kings County Surrogate’s Court. Each answer is short and self-contained. For the full picture, follow the links to the Brooklyn probate process, Kings County Surrogate’s Court, and the Brooklyn estate guide.
Process questions
How long does probate take in Brooklyn? An uncontested Brooklyn estate typically takes about 7 to 12 months from filing to closing, because Kings County is a high-volume court. Contested matters, missing heirs, or kinship proceedings can extend it well beyond a year.
Where do I file probate in Brooklyn? At the Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn, NY 11201 (verify before traveling). Under SCPA 205, this is the only court with jurisdiction over the estate of a Brooklyn-domiciled person.
Can a Brooklyn estate be filed in another borough? No. Venue follows the decedent’s county of domicile under SCPA 205. A Brooklyn resident’s estate cannot be filed in Manhattan, Queens, the Bronx, or Staten Island.
Does Kings County allow electronic filing? Yes. The court participates in NYSCEF e-filing, which speeds submission for represented parties. Self-represented filers may also use the court’s Help Center in person.
Cost and fee questions
How much are the court filing fees? Surrogate’s Court filing fees are graduated by estate value under SCPA 2402, ranging from roughly $45 for the smallest estates to about $1,250 for estates of $500,000 or more (verify current amounts). Most Brooklyn estates with a home land in the top bracket.
How much does an executor get paid? Executor commissions are set by SCPA 2307 on a sliding scale — 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, then 2.5% and 2% on larger amounts. A family executor may waive the commission.
How much does a probate lawyer cost in Brooklyn? Fees vary by complexity — flat fees for simple uncontested estates, hourly or percentage arrangements for contested or large estates. Discuss the fee structure at the outset of any engagement.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, the testator must sign at the end before two witnesses, with all formalities completed within 30 days, and declare the document is their will. A self-proving affidavit speeds later probate.
What happens if there is no will? The estate passes by intestacy under EPTL 4-1.1, distributed by family relationship, and goes through administration rather than probate. An administrator is appointed under SCPA 1001.
What is the difference between an executor and an administrator? An executor is named in a will and proves it through probate. An administrator is appointed by the court when there is no will, with priority set by SCPA 1001.
Do I need the original will to probate it? Generally yes. The Kings County Surrogate’s Court probates the original signed will. A lost original requires a harder proceeding under SCPA 1407 to admit a copy.
Local-specific questions
My family’s main asset is a brownstone — does it have to go through probate? If the home was owned solely by the decedent and not held in a trust or jointly, yes — it passes through Kings County probate. New York has no transfer-on-death deeds for real property.
The heirs live abroad — what does that mean? You must serve foreign distributees and may need to authenticate foreign documents, which adds time and can trigger a kinship proceeding under SCPA 2225 — both common in Brooklyn.
Could my parents’ Brooklyn home trigger New York estate tax? Possibly. An appreciated brownstone or condo can exceed the New York exemption and trigger the cliff (the 105% rule), even when no federal tax is owed. See estate taxes.
Can I avoid Kings County probate entirely? Often, through a funded revocable living trust, joint ownership, or beneficiary designations. See trusts.
When do I need a lawyer?
Do I need a probate attorney in Brooklyn? Not always — a small, fully-waived estate may proceed through the Help Center. But for an estate with an appreciated home, estate-tax exposure, missing or foreign heirs, or any disagreement among beneficiaries, an attorney usually saves time and prevents costly mistakes.
To discuss your specific situation, book a 30-minute consultation with Russel Morgan.