What to Do When Someone Dies in Brooklyn, New York
Probate in Kings County (Brooklyn) runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Kings County (Brooklyn), settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Paper filing availableE-filing optionalSelf-filing allowed
Accepted paymentCredit 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.
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.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New York intestacy law when there is no will.
Most New York estates take 9 months to 15 months to move through this process. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Kings County (Brooklyn)
What probate costs in Kings County (Brooklyn), New York comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Surrogate's Court at 2 Johnson Street, Brooklyn. The court is part of the 2nd Judicial District.
Probate matters are handled through Probate, Administration/Small Estates, Accounting, and Guardianship/Adoption. Filing and payment go through these offices, not the main clerk window.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Surrogate's Court accepts e-filing (https://iappscontent.courts.state.ny.us/NYSCEF/live/protocols/surrogates/protocolKings.pdf). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%SCPA §§ 710, 801, 805Verified Sep 8, 2026View source of estate value annually.
Probate in New York typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Surrogate's Court
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.
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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
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.
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.
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.
2, 3, 4, 5 to Borough Hall; A, C, F to Jay Street/Borough Hall; R to Court Street
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.
Transferring Property in Kings County (Brooklyn)
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Office of the City Register.
Deeds and other real property documents for Kings County (Brooklyn) are recorded with the Office of the City Register at 210 Joralemon Street, 2nd Floor, Brooklyn, NY 11201. Phone: (212) 487-6300.
The Office of the City Register charges $37 for the first page plus $5 for each additional page.
Kings County (Brooklyn) accepts electronic recording through ACRIS.
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Kings County (Brooklyn) — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New York are based on reasonable compensation — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Kings County (Brooklyn) firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Brooklyn (Kings County) practice led by Theodore Alatsas, working the Brooklyn, Queens, Staten Island, New York and Nassau County Surrogate's Courts for nearly 30 years. Handles probate, administration proceedings, and trust administration, plus wills and trusts, Medicaid and long-term care planning, and asset protection. Runs estate planning workshops.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more
College Point (Queens) firm with dedicated pages for will probate, estate administration, lost-will hearings, and spousal and beneficiary-rights disputes, taking executors from validating the will through distributing what is left, and petitioning the Surrogate's Court to admit a copy when the original will cannot be found. Also drafts wills, trusts, powers of attorney, and testamentary guardian appointments for minor children. Serves all five New York City boroughs plus Nassau and Suffolk, and offers a free consultation and case evaluation on probate matters.
Sheepshead Bay firm on East 14th Street working Kings County estates out of Brooklyn's Surrogate's Court, with a second office in Manhattan. The practice covers probate, administration and all aspects of estate and trust administration, and prepares and files the estate, gift and fiduciary income tax returns that follow — work led by an attorney who is also a practising CPA.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 8 more
Brooklyn firm led by Pinni Bohm with a second office in Times Square, Manhattan. Petitions the New York City Surrogate's Courts for Letters Testamentary and Letters of Administration, advises executors and administrators on their duties, oversees distributions to beneficiaries and heirs, and negotiates with estate creditors. Also litigates will and trust contests, spousal right-of-election disputes, and fiduciary-misconduct claims.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 3 more
Office
1301 Coney Island Avenue, Suite 2ABrooklyn, NY 11230
Bay Ridge (Brooklyn) estate and elder law firm with four further offices in Manhattan, Bayside, Middle Village and Staten Island. For executors it files the original will, contacts next of kin, collects assets and prepares income and estate tax returns, and it litigates will contests, contested accountings and contested deed transfers in Surrogate's Court. Also handles wills and trusts, special needs trusts, estate tax and capital-gains planning, and Medicaid and long-term-care planning; the initial consultation is complimentary.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 5 more
Brooklyn practice on Columbia Street representing executors and administrators in the Kings, New York, Queens, Richmond and Bronx Surrogate's Courts. It collects waivers and consents from distributees, gets a citation issued when an heir will not sign, opens the estate account and EIN, reviews creditor claims and files the final accounting. The first one-hour consultation is free, online or in person.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 6 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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