How Do I File Probate in Kings County (Brooklyn), New York?
A step-by-step guide to filing at the Surrogate's Court—what documents you'll need, where to go, and what happens after you file.
Probate documents in Kings County (Brooklyn) can be filed in person at the Surrogate's Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 2nd Judicial District.
Filings here are routed through Probate, Administration/Small Estates, Accounting, and Guardianship/Adoption. Confirm with the office which intake handles the petition type you're filing.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Surrogate's Court is realistic for your situation.
E-filing is consensual in this court; self-represented (pro se) filers are not required to e-file and may file on paper or voluntarily participate in NYSCEF.
Get the Kings County (Brooklyn) probate forms →For a detailed cost comparison and filing checklist, see the full Kings County (Brooklyn) Self-Filing Assessment.
Kings County (Brooklyn) Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Pre-filing decedent search required
Run NYSCEF inquiry on decedent last name with first initial before filing. Contact court to check for wills filed for safekeeping. Do NOT call court to check if proceeding already filed.
SourceCase name format: no punctuation or spaces
Initial entry must be identical to signature on will. No punctuation or spaces in name or AKA. Name on death certificate different from will = add as AKA.
SourceDocument Requirements
Original will within 2 business days - DO NOT UNSTAPLE
Scan original will for e-filing but DO NOT UNSTAPLE. File original paper will with court within 2 business days of e-filing.
SourceDeath certificate original within 2 business days
E-file death certificate, then file original with court within 2 business days of e-filing.
SourceCourt Appearances
All motions on submission only
All motions made on submission only. Requests for oral argument must be made in writing. Motions before Hon. Montalbano scheduled Tuesdays at 11:30am.
SourceOther Requirements
SASE required - minimum 2 oz postage
Self-addressed stamped envelopes with at least 2 oz postage required for document returns. Court keeps SASE on file. Without SASE, documents placed in attorney pick-up bin.
SourceGetting to the Surrogate's Court
Subway
2, 3, 4, 5 to Borough Hall; A, C, F to Jay Street/Borough Hall; R to Court Street
In-Person Filing
The Surrogate's Court is located at 2 Johnson Street, Brooklyn, NY 11201. Phone: 347-404-9700. Hours: Monday - Friday, 9:00 AM - 5:00 PM.
Before You Go
Accepted payment
Credit card. Credit card via NYSCEF (no service fee to use NYSCEF) or payment at the court. A filing is not complete until the fee is paid. Fees calculated under SCPA § 2402.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Surrogate's Court website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Surrogate's Court in Kings County (Brooklyn), attaching the original will (if any), the death certificate, and the filing fee (about $625). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Kings County (Brooklyn) uses the standard New York probate forms — the court's website lists the current versions.
New York permits self-representation, but formal probate procedures make it impractical for most families. The Surrogate's Court staff can accept filings but cannot give legal advice. Check the New York self-filing assessment before deciding.
Yes. The Surrogate's Court in Kings County (Brooklyn) accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Surrogate's Court
Kings County (Brooklyn)
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Death of a Parent
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more
