These answers cover the questions Brooklyn (Kings County) residents most often ask about wills, trusts, probate, and estate taxes under New York’s EPTL and SCPA. Brooklyn estates are filed at the Kings County Surrogate’s Court, 2 Johnson Street, and each answer below is grounded in the statute or court that actually applies. For a deeper walkthrough, see the Brooklyn estate guide.
Process questions
How long does probate take in Brooklyn? An uncontested probate at the Kings County Surrogate’s Court typically takes 9 to 18 months, driven by the court’s high volume, the seven-month creditor period, and tax clearances. Contested matters or kinship proceedings can run two years or more.
Where do I file a Brooklyn estate? At the Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn, NY 11201. Venue follows the decedent’s domicile under SCPA 205, so a Brooklyn resident’s estate is filed in Kings County — not in another borough — even if they died elsewhere.
How much does probate cost in Brooklyn? The court filing fee is graduated by estate value under SCPA 2402, ranging from $45 for the smallest estates to $1,250 for estates of $500,000 and above — the bracket most brownstone estates fall into. Attorney and executor fees are separate. Verify current fee amounts.
Can I avoid probate in Brooklyn? Yes. Assets in a funded revocable trust, property owned jointly with right of survivorship, and accounts with beneficiary designations (life insurance, IRAs, payable-on-death accounts) all pass outside the Kings County Surrogate’s Court.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, a will must be in writing, signed at the end by the testator, and witnessed by two people who sign within 30 days of each other after the testator declares it to be their will. A self-proving affidavit speeds later probate.
What happens if I die without a will in Brooklyn? You die intestate, and EPTL 4-1.1 decides who inherits — spouse and children first, then more distant relatives. An unmarried partner or stepchild receives nothing. The estate goes through administration at the Kings County Surrogate’s Court.
Do I need a trust if I own a brownstone? Often yes. A revocable living trust keeps an appreciated Brooklyn home out of probate, lets a successor trustee act immediately, and keeps the transfer private — valuable given Kings County timelines. See trusts.
What is the difference between an executor and an administrator? An executor is named in a will and receives letters testamentary; an administrator is appointed when there is no will, with priority under SCPA 1001, and receives letters of administration. Both perform the same core duties.
Cost and fee questions
How much is an executor paid in New York? Executor commissions are set by SCPA 2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, then lower rates above. Family executors sometimes waive them. Verify the current schedule.
Does Brooklyn have its own estate tax? No separate Brooklyn or NYC estate tax. Brooklyn estates face the New York State estate tax (Tax Law Article 26), which has a “cliff”: exceeding the exemption by more than 5% taxes the entire estate. Appreciated brownstones are the main cliff risk. See estate taxes.
How much does a small Brooklyn estate cost to settle? Estates of $50,000 or less in personal property (no real property) can use SCPA Article 13 voluntary administration — much cheaper and faster. But a Brooklyn home usually pushes the estate past this limit.
Local-specific questions
My relatives live abroad — how does that affect a Brooklyn estate? Foreign or unknown heirs often trigger a kinship proceeding (SCPA 2225) and require diligent-search affidavits and authenticated foreign documents. This is common in diverse Brooklyn and extends timelines. Plan with a clear will to reduce the burden.
Can a trust hold my Brooklyn co-op? Yes, with co-op board approval, under EPTL 7-1.12. Because co-ops are shares plus a proprietary lease rather than real property, the board must consent to the transfer, which can take months.
Which court hears adult guardianship for a Brooklyn resident? Adult Article 81 guardianships are heard in Supreme Court, Kings County, not the Surrogate’s Court. Avoid guardianship entirely with a power of attorney and health care proxy. See incapacity planning.
When do I need a lawyer?
When should I hire an estate lawyer in Brooklyn? For any estate involving real property (almost all Brooklyn estates), foreign or unknown heirs, possible estate-tax cliff exposure, a will contest, or co-op transfers, counsel saves time and prevents liability. Small SCPA Article 13 estates with no real property may be handled without one.
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