These are the questions Brooklyn (Kings County) residents ask most about wills, trusts, incapacity planning, and probate under New York’s EPTL and SCPA. Each answer is short, self-contained, and grounded in the law and the realities of the Kings County Surrogate’s Court at 2 Johnson Street. For deeper coverage, follow the links into the pillar pages.
Process questions
How long does probate take in Brooklyn?
Most uncontested estates at the Kings County Surrogate’s Court take 9 to 18 months. Kings County is high-volume, so timelines run longer than small counties — and longer still if heirs live abroad, kinship must be proven under SCPA 2225, or a will contest is filed.
How much does probate cost in Kings County?
The court’s SCPA 2402 filing fee is graduated by estate value, from about $45 for the smallest estates to $1,250 for estates of $500,000 or more. Most Brooklyn estates with a townhouse hit the top tier. Attorney and appraisal costs are separate. See the probate process.
Where do I file a Brooklyn estate?
At the Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn, NY 11201. Under SCPA 205, a decedent domiciled in Brooklyn must be filed here — not in Manhattan or Queens.
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. Handwritten or oral wills are valid only in narrow military/mariner situations (EPTL 3-2.2). More in our wills guide.
What happens if I die without a will in New York?
You die intestate, and EPTL 4-1.1 distributes your estate by formula: a spouse with children takes the first $50,000 plus half the balance, with children sharing the rest. With no spouse or kin, the estate eventually escheats to New York State.
Do I need a trust if I own a Brooklyn brownstone?
Often yes. A revocable living trust lets an appreciated brownstone pass without probate and keeps your estate out of the public court file — valuable given Brooklyn’s high real-property values and the busy Kings County calendar.
What are the three incapacity documents I need?
A durable power of attorney (finances), a health care proxy (medical decisions), and a living will (end-of-life wishes). Without them, your family faces a costly Article 81 guardianship in Kings County Supreme Court. See incapacity planning.
Cost and fee questions
How much does an executor get paid in New York?
Statutory commissions under SCPA 2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million — based on assets received and paid out.
Are there taxes on a Brooklyn inheritance?
New York has no inheritance tax and no gift tax. It does have an estate tax with a “cliff” (the 105% rule) that can tax an entire estate if it exceeds the exemption by more than 5%. Verify the current exemption. See estate taxes.
Will my heirs owe capital-gains tax on my appreciated home?
Inherited property generally gets a stepped-up basis to date-of-death value, which largely eliminates capital-gains tax on appreciation that occurred during your lifetime — a major benefit for long-held Brooklyn row houses.
Local Kings County questions
My relatives live overseas — how does that affect probate?
Brooklyn’s cross-border families frequently require citation service abroad and kinship proof under SCPA 2225, often with authenticated, translated foreign documents. Both add months to the Kings County timeline.
Is there a faster process for a small Brooklyn estate?
Yes. If the personal property is under $50,000, you may use voluntary (small-estate) administration under SCPA Article 13 — a streamlined process at the Kings County small-estate clerk, without full probate.
Where is an adult guardianship for a Brooklyn resident heard?
Article 81 guardianships are heard in the Kings County Supreme Court, not the Surrogate’s Court. Probate and administration stay at the Surrogate’s Court.
When do I need a lawyer?
Can I handle a Brooklyn estate myself?
A simple small estate can sometimes be done with help-center support. But if there is a minor or unknown heir, a will contest, real property, or NY estate tax, the Kings County court expects counsel — and the procedural steps reward experience.
Still have a Brooklyn-specific question? Book a 30-minute consultation with Russel Morgan →
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