Estate Planning & Probate in Brooklyn, New York
There are two reasons people look up Kings County (Brooklyn) probate: to keep a family out of it, or to get a loved one's estate through it. Start with your situation below; both paths use Kings County (Brooklyn)'s actual court and recording details.
Someone died — settling an estate
Filing probate at the Surrogate's Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Kings County (Brooklyn) →Planning ahead as a property owner
Keep a Kings County (Brooklyn) home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Kings County (Brooklyn) →The Probate Process in Kings County (Brooklyn)
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Brooklyn, probate runs through the Surrogate's Court at 2 Johnson Street, Brooklyn. The court sits in the 2nd Judicial District.
Full Kings County (Brooklyn) probate guide: cost, how to file & attorneys →Probate Court Record
Kings County (Brooklyn) Surrogate's Court
Kings County (Brooklyn) · 2nd Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Kings County (Brooklyn) →
Verified October 16, 2026 · Source
Recording Office Record
City Register
Kings County (Brooklyn)
Phone
Office
Website
Recording fee
E-recording
Verified October 17, 2026 · Source
Vital Records Office Record
Local Health Department
Kings County · Office of Vital Records, Department of Health and Mental Hygiene
Hours
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Kings County · Office of Chief Medical Examiner, Brooklyn Forensic Pathology and Family Services Center
Phone
Office
Website
Serves this county
Release of remains
Full coroner or medical examiner details →
Verified November 1, 2026 · Source
Local Procedures at the Surrogate's Court
Process calendars are called Tuesdays and Thursdays at 10:00 a.m., and motion calendars at 11:30 a.m. the same days.
The court's resources sheet for self-represented court users lists bar association and volunteer lawyer programs that help with Surrogate's Court matters.
Proofs of service, proposed decrees, supplemental citations and proposed orders for substituted service are filed at least two days before the return date. The court issues decrees in uncontested probate and administration proceedings without a proposed decree. The case name is entered exactly as the signature on the will, with no punctuation or spaces. A different name on the death certificate is added as an AKA.
Forms for Planning and Settling an Estate in New York
Free New York forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for New York.
Last Will and Testament
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.
Financial Power of Attorney
New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in New York
Free calculators and checklists to plan or settle an estate in New York: will and trust costs, probate, executor pay and taxes. Run each tool for New York.
How Do I Settle an Estate?
Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.
How Do I Settle a Trust?
Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In New York, estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less use the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in New York, a surviving spouse takes the first $50,000 plus half of the restEPTL § 4-1.1Verified Oct 21, 2026View source when a child or other descendant survives, and descendants divide what passes to them per capita at each generationEPTL § 4-1.1; EPTL § 1-2.16Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in New York costs an estimated $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
New York Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Kings County (Brooklyn).
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