How Probate Works in Brooklyn — Kings County Surrogate’s Court Steps

Probate is the court process of proving a will is valid, appointing the executor, and supervising the transfer of a decedent’s assets — and in Brooklyn it happens at the Kings County Surrogate’s Court, 2 Johnson Street. A straightforward Brooklyn estate often takes several months to over a year. Because Kings County is one of the busiest Surrogate’s Courts in the state, realistic timelines run longer than in smaller upstate counties.

Probate — the court proceeding that validates a will and authorizes the executor to act. Letters testamentary — the court document proving the executor’s authority.

Step-by-step: probating a will in Kings County

1. Locate the original will. A photocopy creates problems; the court needs the original signed document.
2. File the probate petition (SCPA 1402). The named executor files the petition, the will, and a certified death certificate with the Kings County Surrogate’s Court.
3. Identify and notify the distributees. Everyone who would inherit under intestacy (EPTL 4-1.1) must receive notice; those who do not sign waivers are served with a citation to appear.
4. Resolve any objections. If no one contests, the court proceeds; if someone does, the matter moves toward a will contest.
5. Receive letters testamentary. The court issues letters, giving the executor legal authority to act for the estate.
6. Marshal and inventory the assets. The executor secures the Brooklyn home, collects accounts, and values the estate.
7. Pay debts, expenses, and taxes. Creditors are paid in statutory priority and any estate tax is addressed (see estate taxes).
8. Distribute to beneficiaries according to the will’s terms.
9. Account to the court. The executor closes with either an informal (receipt-and-release) or judicial accounting.

Required documents checklist

• Original signed will (with self-proving affidavit, if any)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Waivers and consents, or citations for those who do not waive
• Asset list with date-of-death values

Filing fees (SCPA 2402)

The Kings County Surrogate’s Court charges a graduated filing fee under SCPA 2402 based on estate value — from a nominal amount for small estates up to roughly $1,250 for the largest. Treat the figures below as illustrative and verify current amounts:

Estate value	Filing fee (verify)
Under $10,000	~$45
$10,000–$19,999	~$75
$20,000–$49,999	~$215
$50,000–$99,999	~$280
$100,000–$249,999	~$420
$250,000–$499,999	~$625
$500,000 and over	up to ~$1,250

Where to file

Estates of Brooklyn residents are filed at the Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn, NY 11201 (verify before filing), because venue follows the decedent’s county of domicile under SCPA 205. The court is on NYSCEF e-filing. Learn more about the court itself.

Timeline expectations for this court

Kings County’s high caseload means even uncontested estates can take longer to move through citation, examination, and accounting than in less populous counties. Brooklyn estates involving real property, multiple heirs, or out-of-country distributees should plan for additional months — a recurring reality given the borough’s large immigrant population. See more in the Brooklyn estate guide.

Probate vs. administration

Probate applies when there is a will. Administration applies when there is none — the court appoints an administrator under SCPA 1001 priority and EPTL 4-1.1 controls distribution.

Small estates: voluntary administration (SCPA Article 13)

If the decedent left personal property under $50,000 (real estate is excluded from this count), the family can often skip full probate and use the simpler voluntary administration procedure under SCPA Article 13. This is faster and cheaper — useful for a Brooklyn renter or someone whose home passed outside the estate.

FAQ

How long does probate take in Brooklyn? A simple uncontested estate commonly runs several months to over a year; the Kings County court’s volume and any heirship issues extend that.

Do all Brooklyn estates go through probate? No. Assets in trusts, jointly held property, and beneficiary-designation accounts pass outside probate, and small estates use SCPA Article 13.

Can I do Brooklyn probate myself? It is possible for a simple estate, but Kings County’s citation, kinship, and accounting requirements lead many families to use counsel.

What if I can’t find the original will? A lost-will proceeding is possible but harder; the court presumes a will the decedent kept but cannot be found was revoked.

Talk to an attorney

To move a Brooklyn estate through the Kings County Surrogate’s Court efficiently, book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min. See also executor duties.