A will is a written, signed legal document that directs who inherits your probate assets after death and who serves as your executor. In New York, a valid will must meet EPTL 3-2.1: it must be in writing, signed at the end by you, and witnessed by at least two people who sign within 30 days of one another. After your death, a Brooklyn resident’s will is offered for probate at the Kings County Surrogate’s Court, 2 Johnson Street.
For Brooklyn families — especially those holding an appreciated brownstone or with relatives overseas — a will is the floor of an estate plan, not the ceiling. Below is exactly how a New York will works.
What a New York will controls
A will governs your probate estate: assets that you own in your sole name with no beneficiary designation and no co-owner. For a typical Brooklyn estate that includes:
- A solely owned brownstone, townhouse, or condo
- Bank and brokerage accounts in your name alone
- Personal property, vehicles, and business interests
- Tangible items of sentimental or real value
Definition — Executor: The person named in your will whom the Surrogate’s Court formally appoints (via letters testamentary) to collect assets, pay debts and taxes, and distribute your estate.
What a will does not control
Many assets pass outside your will, no matter what it says:
- Jointly owned property with right of survivorship passes automatically to the survivor.
- Beneficiary-designation assets — life insurance, IRAs, 401(k)s, and POD/TOD accounts — pass to the named beneficiary.
- Assets in a revocable living trust pass under the trust, avoiding probate entirely.
This is why a will alone often leaves an appreciated Brooklyn home exposed to a full Surrogate’s Court proceeding. See trusts and probate avoidance.
What happens if you die without a will in New York (intestacy)
If you die intestate (without a valid will), EPTL 4-1.1 dictates who inherits — and it may not match your wishes.
| Family situation at death | Who inherits under EPTL 4-1.1 |
|---|---|
| Spouse, no children | Spouse takes everything |
| Spouse and children | Spouse gets first $50,000 + half the balance; children split the rest |
| Children, no spouse | Children inherit equally |
| No spouse or children | Parents; then siblings; then more distant kin |
| No living relatives | Estate escheats to the State of New York |
Definition — Distributee: A person legally entitled to inherit under intestacy. In Kings County’s diverse families, identifying distributees can require a kinship proceeding (SCPA 2225).
Holographic and nuncupative wills in New York
New York is strict. Under EPTL 3-2.2, handwritten (holographic) and oral (nuncupative) wills are valid only for limited groups — active-duty armed-forces members during war, and mariners at sea — and even then they expire after a set period. For everyone else in Brooklyn, an unwitnessed handwritten note is not a valid will.
The self-proving affidavit — why it speeds probate
When your two witnesses sign a sworn self-proving affidavit before a notary at the time of execution, the court can admit the will without later tracking the witnesses down to testify. In a high-volume court like Kings County, this can shave weeks or months off probate — and it is essential when witnesses may move abroad.
Updating or revoking your will
- Codicil: A formally executed amendment (same EPTL 3-2.1 formalities) that changes part of a will.
- Revocation: Under EPTL 3-4.1, you can revoke a will by executing a new one or by a physical act — burning, tearing, or destroying it with intent to revoke.
Brooklyn triggers to update: selling or refinancing the townhouse, a marriage or divorce, a new grandchild, or a relative who has since passed.
How your Brooklyn will is later probated
After death, your executor files the original will with the Kings County Surrogate’s Court under SCPA 1402, notifies distributees, and obtains letters testamentary. Walk through every step in our Brooklyn probate process guide and learn the court’s local quirks in the Kings County Surrogate’s Court page.
Frequently asked questions
Is a will made in another state or country valid in New York? Generally yes, if it was validly executed where it was made or under EPTL 3-2.1. But foreign-language wills and out-of-country execution often complicate Kings County probate — get it reviewed.
Does a will avoid probate? No. A will directs probate; it does not avoid it. To avoid Surrogate’s Court for your home, use a revocable living trust.
Can I disinherit my spouse in New York? Not entirely. A surviving spouse has a right of election to claim roughly one-third of the estate (EPTL 5-1.1-A), regardless of the will.
Do both witnesses have to come to court? Not if you used a self-proving affidavit — that is the whole point of signing one.
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