Key takeaways
- Kings County Surrogate's Court sits at 2 Johnson Street, Brooklyn, NY 11201, a short walk from Jay St–MetroTech and Borough Hall, and handles the estates of people who lived in Brooklyn when they died.
- The court hears probate, administration, small estate (voluntary administration), guardianship of minors' property, accountings, kinship, and related miscellaneous proceedings.
- Filing fees for probate and administration are set by state statute (SCPA 2402) and range from $45 to $1,250 depending on the size of the estate.
- Represented parties file electronically through NYSCEF in the proceedings where the court has authorized e-filing; self-represented people may still file on paper.
- Brooklyn estates often involve heirs abroad; waivers, powers of attorney, and kinship documents from Russia, Ukraine, and other countries need apostilles and certified translations, which adds time.
Kings County Surrogate's Court, at 2 Johnson Street in downtown Brooklyn, is the court that admits wills to probate, appoints administrators when there is no will, and supervises estates of Brooklyn residents. Filing fees run from $45 to $1,250 under SCPA 2402, and an uncontested estate usually takes several months to receive letters.
Which Surrogate's Court handles a Brooklyn estate
Each of New York's 62 counties has a Surrogate's Court. Venue follows the decedent's domicile: the estate of a person who was domiciled in Brooklyn at death belongs in Kings County (SCPA 205). If the decedent lived elsewhere but left Brooklyn real estate, the proceeding generally belongs in the county of domicile, with the Brooklyn property handled in that proceeding or through an ancillary proceeding if the decedent lived outside New York (SCPA 206, 1601). Domicile questions arise frequently with people who split time between Brooklyn and Florida or who moved to a nursing home in another county; the court looks at where the person intended to make a permanent home, not just where they died.
Where the court is and how to get there
The courthouse is at 2 Johnson Street, Brooklyn, NY 11201, in the civic center near Cadman Plaza. The closest subway stations are Jay St–MetroTech (A, C, F, R) and Borough Hall (2, 3, 4, 5), with High Street (A, C) and Court Street (R) also within walking distance. Many bus routes stop along Jay Street and Adams Street. Street parking in downtown Brooklyn is scarce and heavily regulated; if you must drive, plan on a commercial garage and allow time for the security screening at the entrance. Everyone entering passes through a magnetometer, so arrive early for a scheduled appearance. Court hours, holiday closures, and any changes to in-person procedures are posted on the court's page of the New York State Unified Court System website; confirm them before you travel, especially if you are coming from outside the city.
What is filed at Kings County Surrogate's Court
The Surrogate's Court has jurisdiction over "all actions and proceedings relating to the affairs of decedents" (SCPA 201). In Brooklyn that translates to the following common proceedings:
- Probate (SCPA Article 14): proving a will and issuing letters testamentary to the executor. See our probate and estate administration service page and the complete New York probate guide.
- Administration (SCPA Article 10): appointing an administrator when there is no will, with priority among relatives set by SCPA 1001.
- Small estate / voluntary administration (SCPA Article 13): a simplified affidavit procedure when the personal property is worth $50,000 or less (SCPA 1301). Real estate does not count toward the limit and does not pass through this procedure.
- Guardianship of a minor's property and person (SCPA Article 17): typically needed when a child inherits money or receives a settlement, and for SCPA Article 17-A guardianships of adults with intellectual or developmental disabilities.
- Accountings (SCPA Article 22): judicial settlement of an executor's, administrator's, or trustee's account, whether voluntary or compelled.
- Kinship proceedings: establishing who the distributees are when a person dies without a will and the family tree is unclear, often involving the Public Administrator of Kings County.
- Miscellaneous proceedings: turnover and discovery proceedings (SCPA 2103, 2104), proceedings to compel production of a will (SCPA 1401), construction proceedings, and applications for advice and direction.
- Trust proceedings relating to lifetime trusts, when the court's jurisdiction is invoked (SCPA 207).
How the court is organized
Like other large Surrogate's Courts, Kings County divides its work among departments, and knowing which one handles your matter saves time:
- Probate Department: petitions to probate a will, preliminary letters, and the citations and waivers that go with them.
- Administration Department: intestate estates, temporary and limited letters, and small estate affidavits.
- Accounting Department: accountings, releases, and decrees settling an account.
- Miscellaneous Department: proceedings that do not fit the other categories, including turnover, construction, and kinship matters.
- Guardianship Department: Article 17 and 17-A guardianships and the annual reports that follow.
- Record Room: the public file room where estate files are retrieved and certified copies are ordered.
Clerks in each department review filings for completeness before anything reaches the Surrogate. A clerk's letter listing deficiencies is routine, not a sign that the case is in trouble, but responding quickly and completely is the single biggest thing a family can do to keep the estate moving.
E-filing through NYSCEF
Kings County Surrogate's Court participates in the New York State Courts Electronic Filing system (NYSCEF). In the types of proceedings where the court has authorized e-filing, attorneys and represented parties are required to file electronically, and the court accepts paper from self-represented persons who have not opted in. Which proceeding types are covered, and whether a particular filing is mandatory or consensual, is governed by the court rules and the Chief Administrative Judge's orders in effect at the time, so confirm the current status before relying on a paper submission. Original wills remain a special case: even in an e-filed probate, the original instrument must be delivered to the court, because the court must have the paper will in its custody (SCPA 2507 governs wills deposited for safekeeping). E-filing has made it far easier to track a Brooklyn estate from anywhere, which matters for the many families with an executor in New Jersey, Florida, or overseas.
Filing fees under SCPA 2402
Fees for probate and administration petitions are set by SCPA 2402 and are the same in every county. The fee is based on the gross value of the estate passing under the proceeding:
| Value of estate (gross) | Filing fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 but less than $20,000 | $75 |
| $20,000 but less than $50,000 | $215 |
| $50,000 but less than $100,000 | $280 |
| $100,000 but less than $250,000 | $420 |
| $250,000 but less than $500,000 | $625 |
| $500,000 and over | $1,250 |
Separate, smaller fees apply to other filings, including a nominal fee for a small estate affidavit, per-certificate fees for certified copies of letters, and fees for accountings based on the amount accounted for. Fees are paid at filing; a petition filed without the fee is not considered filed. Beyond court fees, the real cost drivers in a Brooklyn estate are the attorney's fee, the bond premium if one is required, publication costs when a citation must be served by publication, and the expense of obtaining documents from abroad. Our Brooklyn probate cost overview puts these in context.
Typical timelines
Kings County is one of the busiest Surrogate's Courts in the state, and timelines reflect that. For an uncontested probate in which every distributee signs a waiver and consent, letters testamentary commonly issue within a few weeks to a few months after a complete filing. When a citation must issue and be served, add the time to the return date plus any adjournments. Administration proceedings often take longer than probate because the court must be satisfied about the identity of all distributees. Once letters issue, the seven-month creditor period under SCPA 1802 is the main fixed waiting period before distribution; a straightforward estate commonly closes nine to eighteen months after death, and estates with real estate sales, kinship questions, or tax returns take longer. Our month-by-month probate timeline explains each stage.
Citations and waivers
Before a will is admitted, every person who would inherit if there were no will, and anyone adversely affected by the will, must receive notice. In probate this is done either by a signed and acknowledged waiver and consent (SCPA 1411) or by service of a citation that tells the person when to appear (SCPA 1403). Beneficiaries under the will receive a notice of probate (SCPA 1409). In administration, the people with equal or greater right to serve must be cited or must sign waivers and renunciations (SCPA 1003). Service within New York is generally by personal delivery; service outside the state and abroad follows SCPA 307 and the court's directions, and may require mail with proof of receipt, personal service through a local process server, or publication when a person cannot be located. Each waiver signed abroad must be properly notarized and authenticated (see below). A missing or defective waiver is the most common reason a Brooklyn probate stalls.
Bond issues
An administrator must generally post a surety bond unless the court dispenses with it (SCPA 801, 805). Most wills waive the bond for the named executor, but if the will is silent, or the nominated executor lives outside New York, the court may require one. Bond premiums are an annual expense of the estate, and bonding companies underwrite the fiduciary's personal credit; a fiduciary with poor credit or a bankruptcy history may be unable to obtain a bond, which can force the family to choose a different fiduciary or ask the court to restrict letters instead (for example, requiring that funds be deposited subject to court order under SCPA 805(3)). Raising this issue at the start avoids a stalled petition later.
How to get certified letters
Once the Surrogate signs the decree, the court issues letters testamentary or letters of administration. Banks, brokerage firms, title companies, and the Department of Motor Vehicles each want a certified copy of the letters, usually dated within the last six months. Certified copies are ordered from the court for a per-certificate fee set by SCPA 2402, and it is wise to order several at the outset. Letters can also be issued with restrictions, for example limiting the fiduciary's power to sell real estate or collect a wrongful-death recovery without further court order, so read the letters carefully before presenting them. Our note on letters testamentary covers what institutions look for.
Record requests
Surrogate's Court files are public records, with limited exceptions such as adoption and certain guardianship files. The Record Room at 2 Johnson Street allows a person to look up an estate by the decedent's name and file number and to order plain or certified copies of a will, a decree, or letters for a per-page fee. Older files may be stored off-site and take time to retrieve. Many Brooklyn families use the Record Room to find out whether a relative's will was ever filed, to obtain a copy of a decree affecting a family home, or to check the status of an estate opened decades ago. Our guide on how to find a will in New York explains the search.
Tips for Brooklyn families with heirs abroad
Brooklyn's estates reflect its population. Many of the matters we handle involve distributees in Russia, Ukraine, Belarus, Uzbekistan, Israel, Poland, China, the Caribbean, and Latin America. Practical points:
- Authentication. A waiver, renunciation, or power of attorney signed abroad must be notarized under local law and then authenticated for use in New York, by an apostille if the country is party to the Hague Apostille Convention, or by consular certification if it is not (CPLR 2309(c); Real Property Law 299-a). A document signed before a United States consular officer is also accepted.
- Translations. Any document not in English must be accompanied by an English translation and an affidavit from the translator stating their qualifications and that the translation is accurate (CPLR 2101(b)). Birth, marriage, and death records from the former Soviet Union are often the key kinship evidence and must be translated carefully, including name variations across Russian, Ukrainian, and transliterated spellings.
- Kinship proof. When there is no will, the court will want documentary proof of each distributee's relationship. Where civil records were lost or never issued, affidavits from disinterested persons and archival searches may be required, and the court may hold a kinship hearing. If a class of relatives cannot be fully identified, the court can eventually direct distribution after a diligent search (SCPA 2225).
- Service. Serving a citation abroad takes longer than domestic service and may be restricted by treaty in some countries. Build this into the timeline and, where possible, obtain waivers instead.
- Receiving funds. Distributions to heirs in sanctioned or banking-restricted jurisdictions raise compliance questions for the estate's bank; discuss payment mechanics early so the fiduciary is not left holding a share that cannot be delivered.
- Language access. The court provides interpreters for court appearances on request, but written filings must be in English. Working with counsel who reads the underlying documents in the original language reduces errors. Our Brooklyn office handles estate matters in English, Russian, and Spanish.
Practical tips before you file
- Locate the original will and all codicils before filing anything; the court will not probate a photocopy without a separate proceeding to prove a lost will (SCPA 1407).
- Obtain certified death certificates, usually several, from the New York City Department of Health or the funeral home.
- Prepare a complete family tree with addresses, including for relatives you would rather not involve. The court requires it.
- Gather the information needed to value the estate at the date of death, because the filing fee bracket and the later tax filings depend on it.
- Decide early whether a bond will be needed and whether the nominated fiduciary can qualify.
- If an heir is abroad, start the apostille and translation process immediately; it is almost always on the critical path.
How Schwartsman Law Group can help
Schwartsman Law Group PLLC appears regularly in Kings County Surrogate's Court on probate, administration, kinship, accounting, and guardianship matters, and our Brooklyn office at 2102 Avenue Z is a short trip from the courthouse. We work with families in English, Russian, and Spanish and routinely coordinate waivers, apostilles, and translations for heirs abroad. Call +1 212 518 3868 or request a free consultation to discuss your Brooklyn estate.