Probate is the court-supervised process of proving a deceased person’s will, appointing an executor, and transferring assets to heirs. For a Brooklyn resident, probate happens at the Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn, NY 11201, under the Surrogate’s Court Procedure Act (SCPA). Because Kings County is one of New York’s busiest courts, an uncontested Brooklyn estate commonly takes 9 to 18 months — longer when heirs live abroad or kinship must be proven.
Below is the full path through the Kings County court.
Step-by-step: the Brooklyn probate process
- Locate the original will. The original signed will (not a copy) must be filed. If it cannot be found, the court may presume revocation — a real hurdle.
- File the probate petition (SCPA 1402). The named executor files a petition with the Kings County Surrogate’s Court, attaching the will and the death certificate, and pays the filing fee.
- Notify distributees by citation. Everyone who would inherit under intestacy must be served with a citation or sign a waiver. For Brooklyn’s cross-border families, serving heirs in another country can add months.
- Receive letters testamentary. Once the court admits the will, it issues letters testamentary — the executor’s legal authority to act.
- Marshal and inventory assets. The executor collects accounts, secures the brownstone or condo, and inventories everything as of the date of death.
- Pay debts, claims, and taxes. Creditors are notified; valid claims, final income taxes, and any New York estate tax are paid before distribution.
- Distribute to beneficiaries. After debts and taxes, the executor distributes assets according to the will.
- Account and close. The executor provides an informal accounting (with releases from beneficiaries) or a judicial accounting if anyone objects, then closes the estate.
Definition — Letters testamentary: The court document that proves an executor’s authority to collect assets, sign documents, and deal with banks and a co-op or condo board.
Required documents checklist
- Original signed will (with self-proving affidavit if available)
- Certified death certificate
- Probate petition (SCPA 1402)
- Names and addresses of all distributees
- A family tree / kinship affidavit where heirs are uncertain — common in Brooklyn immigrant estates
- Asset list with date-of-death values
Filing fees at Kings County Surrogate’s Court (SCPA 2402)
Filing fees are graduated by estate value under SCPA 2402:
| Estate value | Filing fee (approx.) |
|---|---|
| Under $10,000 | $45 |
| $10,000 to under $20,000 | $75 |
| $20,000 to under $50,000 | $215 |
| $50,000 to under $100,000 | $280 |
| $100,000 to under $250,000 | $420 |
| $250,000 to under $500,000 | $625 |
| $500,000 and over | $1,250 |
Confirm current SCPA 2402 amounts with the court before filing.
Where to file
Kings County Surrogate’s Court 2 Johnson Street, Brooklyn, NY 11201 Serving all decedents domiciled in Brooklyn (Kings County) NYSCEF e-filing available
Learn the court’s local procedures on our Kings County Surrogate’s Court page.
Timeline expectations for this court
Kings County’s high caseload means realistic timelines run longer than smaller upstate counties. Budget 9–18 months for an uncontested estate, and longer if (a) heirs must be located abroad, (b) a will contest is filed, or (c) the estate owes NY estate tax requiring a return and waiver.
Probate vs. administration
Probate applies when there is a will. Administration applies when there is none — the court appoints an administrator under intestacy (EPTL 4-1.1) following the SCPA 1001 priority list. See executor and administrator duties.
When small-estate (voluntary) administration applies
If the decedent’s personal property is under $50,000 (excluding real property that passes outside probate), the estate may qualify for voluntary administration under SCPA Article 13 — a streamlined, low-cost process handled by the Kings County small-estate clerk, no full probate required.
Frequently asked questions
How long does probate take in Brooklyn? Most uncontested Kings County estates close in 9–18 months. Foreign heirs, kinship proof, or contests extend it.
Do I need a lawyer to probate a will in Kings County? Not legally, but if you are the petitioner and any distributee is a minor, incapacitated, or unknown, the court effectively requires representation. Most Brooklyn executors retain counsel for citation and accounting work.
Can I avoid probate for my Brooklyn home? Yes — a revocable living trust or proper survivorship titling keeps real property out of Surrogate’s Court.
What if I can’t find the original will? The court may presume it was revoked. A lost-will proceeding is possible but difficult; keep originals safe.
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