Probate for a Brooklyn decedent usually means the Kings County Surrogate's Court at 2 Johnson Street, Brooklyn. Schwartsman Law Group PLLC guides executors, administrators, and families through admitting a will, obtaining letters, and administering an estate under the Surrogate's Court Procedure Act (SCPA). We meet Brooklyn clients at our office on Avenue Z, and we are licensed to practice law in New York only. Call (212) 518-3868 or request a Free Consultation.

Is Kings County the right court?

Venue depends on where the decedent was domiciled, not where they died. Under SCPA 205, a proceeding for a New York domiciliary belongs in the Surrogate's Court of the county where the decedent was domiciled. A person who lived in Brooklyn and died in a Manhattan hospital is still a Kings County matter. When the decedent lived outside New York but left property here, SCPA 206 generally points to the county where that property is located, and the court where the first proceeding is filed keeps jurisdiction.

Confirming venue at the start helps avoid filing in the wrong court. For a court-specific walkthrough, see our Kings County Surrogate's Court guide.

Probate, administration, or small estate?

Not every estate needs the same proceeding. The right path depends on whether there is a will and on what the decedent owned.

Probate (there is a will). The named executor or another eligible person under SCPA 1402 petitions to admit the will. The court must be satisfied that the will was duly executed and that the testator was competent (SCPA 1408). New York's execution formalities, including signing at the end and two attesting witnesses, are set out in EPTL 3-2.1. When the will is admitted, the court issues letters testamentary. See probating a will.
Administration (no will). The court appoints an administrator and issues letters of administration. SCPA 1001 sets the order of priority: a surviving spouse first, then children, grandchildren, parents, siblings, and other distributees. The estate passes under EPTL 4-1.1. For example, when a spouse and children survive, the spouse takes $50,000 plus one-half of the balance, and the children share the rest by representation. See intestate administration.
Small estate (Article 13). When the decedent's personal property has a gross value of $50,000 or less, SCPA 1301 allows a simplified voluntary administration instead of a full proceeding. See small estate voluntary administration.

The first task is to sort out what is in the probate estate. A revocable trust can matter here, but only for property that was actually placed in it. Under EPTL 7-1.18, a lifetime trust is valid only to the extent assets are transferred to it, and a statement in the trust document that property was transferred is not itself a transfer. A house never deeded to the trust, or an account never retitled, is not covered by the trust. For the firm-wide overview, see probate and administration.

Filing in Kings County Surrogate's Court

SCPA 1402 sets out who may petition for probate. The list includes the executors and beneficiaries named in the will, creditors, and other interested persons. Before admitting the will, the court inquires into how it was signed and requires proof that it was duly executed and that the testator was competent (SCPA 1408). We prepare the petition and supporting papers, work with the family to collect the information the court asks for, and follow the matter until the court rules and letters issue.

Electronic filing is now mandatory. Under Administrative Order AO.158.25, mandatory NYSCEF e-filing took effect on June 30, 2026 for the Surrogate's Courts in Bronx, Kings, Queens, and Richmond Counties. We file covered Brooklyn matters through NYSCEF and follow the court's instructions for original documents, including the original will.

Filing fees are set by SCPA 2402 and scale with the size of the estate. Bills have been introduced in Albany that would change parts of the schedule, so fees may change. We confirm the amount in effect at the time of filing.

Preliminary letters when the estate cannot wait

Sometimes assets need attention before full letters issue: a Brooklyn rental building with tenants and bills, a vacant house that needs insurance, or a business that must keep operating. SCPA 1412 lets the named executor request preliminary letters in writing after the probate petition is filed and process has issued, or earlier if the court allows. Where more than one will exists, priority goes to the executor named in the latest one. The court can limit the preliminary executor's powers and can require or dispense with a bond. Preliminary letters are revoked if probate is later denied, so they are a bridge, not a substitute for the full proceeding.

How long does Brooklyn probate take?

There is no fixed timeline. An uncontested estate with cooperative family members and straightforward assets generally moves faster than one with a contest, missing or unknown heirs, or hard-to-value assets. Court workload and the completeness of the initial filing also matter. We do not promise deadlines, but we prepare the petition carefully to reduce avoidable delay.

After letters issue, creditors generally have seven months to present claims (SCPA 1802). A fiduciary who pays claims or distributes in good faith after that period has statutory protection, which is why many executors wait before making final distributions. Claims must be presented in writing and state the facts and the amount (SCPA 1803). For more detail, read how long probate takes in New York.

Executor and administrator duties

Letters bring responsibilities. An executor or administrator manages the estate for the people entitled to it. We advise fiduciaries on collecting and protecting assets, reviewing creditor claims, tax filings, and distributions. Tax work can include the estate's fiduciary income tax returns (federal Form 1041 and New York Form IT-205). These are generally due by the 15th day of the fourth month after the estate's tax year closes.

New York has its own estate tax. For dates of death in 2026, the New York basic exclusion amount is $7,350,000, and the federal basic exclusion amount is $15,000,000. New York's exclusion has a cliff: the credit phases out for estates between 100% and 105% of the exclusion amount, and an estate above 105% gets no credit at all, so values near the line need careful review. Executors and administrators are entitled to statutory commissions under SCPA 2307. The scale is 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on amounts above $5,000,000.

Will contests and objections

Will disputes in probate center on the court's inquiry under SCPA 1408 into whether the will was duly executed and whether the testator was competent. If the will contains a no-contest (in terrorem) clause, EPTL 3-3.5 makes it enforceable, subject to statutory safe harbors. These include SCPA 1404 examinations, a forgery or later-revocation challenge brought with probable cause, and a beneficiary's refusal to join in or sign a consent. Early negotiation sometimes resolves family disputes without a trial. When litigation is necessary, we prepare the record and keep administration moving where the court allows.

How we help

Confirm venue and identify which assets require a Kings County proceeding
Prepare probate and administration petitions and supporting papers, and file them through NYSCEF
Request preliminary letters when assets need protection
Advise executors and administrators on creditor claims, taxes, and distributions
Handle sales or transfers of Brooklyn houses, condos, and co-ops out of the estate
Connect probate work with estate planning updates for the surviving family

What to bring to a first meeting

Bring the original will if you have it, a death certificate, a rough list of accounts and real property, any trust documents, and the names and addresses of close family members. Deeds, recent statements, and any prior wills or codicils are also useful. We use these documents to work out which assets need a Kings County filing.

Planning your own estate while you handle a parent's or spouse's? Our Brooklyn estate planning attorney page covers wills, trusts, powers of attorney, and health care proxies.

Call (212) 518-3868 or request a Free Consultation at our Avenue Z office. We advise on New York matters only.

Brooklyn Probate Attorney (Kings County)