What to Do When Someone Dies in Brooklyn, New York

How probate works in Kings County (Brooklyn): the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Kings County (Brooklyn) Surrogate's Court

Kings County (Brooklyn) · 2nd Judicial District

Hours

Monday-Tuesday, Thursday-Friday 9:00 AM-1:00 PM and 2:00 PM-4:45 PM; Wednesday 9:00 AM-noon

Office

2 Johnson Street, Brooklyn, NY 11201

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalE-filing through NYSCEF is consensual in probate, administration, voluntary administration, accounting, miscellaneous and guardianship proceedings commenced on or after June 1, 2020. The court accepts e-filed documents in proceedings begun on paper. Self-represented filers may e-file, mail their papers or deliver them by hand to the department.

Self-represented filing

AllowedSelf-represented filers file on paper with the department handling the case, by mail or by hand, or may choose to e-file.

Accepted payment

  • At the counterCash, Money order, Check, Credit card.The cashier takes cash in person, money orders, certified checks and New York State attorney's checks; personal checks are not accepted for exemplifications. Fees in e-filed matters may also be paid by Visa or MasterCard through NYSCEF.

Hearing schedule

  • Process calendars are called Tuesdays and Thursdays at 10:00 a.m., and motion calendars at 11:30 a.m. the same days.

Self-help center

Verified October 16, 2026 · Source

How Probate Works 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.

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. Creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.

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.

New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in New York are negotiated, typically 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 estate value. Flat-fee arrangements are common for straightforward estates.

New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Family members 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%Industry surety premium estimate; the bond itself under 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.

Beside the filing office, the court lists separate lines for Probate, Administration and Small Estates, Accounting, and Guardianship and Adoption.

The court's resources sheet for self-represented court users lists bar association and volunteer lawyer programs that help with Surrogate's Court matters.

Can You File Without an Attorney?

In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

For a full cost comparison and filing checklist, see the 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

Proofs of service two days before the return date

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.

Source

Case name as signed on the will

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.

Source

Document Requirements

Original will and death certificate within two business days

The will is scanned without being unstapled, and the original will and original death certificate are delivered to the court within two business days of e-filing. An application waiting on originals not received within 60 days is deemed discontinued.

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Court Appearances

In-person appearances

Court proceedings are in person. A virtual appearance on Microsoft Teams is an accommodation granted on application to the department handling the case.

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Motions on the two calendars

The Tuesday motion calendar is a submission calendar, with oral argument only on written request. Motions on the Thursday calendar are argued in person.

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Records Access

Estate searches

Searches in the record room are free. Mailed requests include the decedent's name, date of death and last address with a self-addressed stamped envelope, and searches are not done by telephone.

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Getting 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

What to Bring

Filed with the opening petition at the Surrogate's Court: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2))N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Kings County (Brooklyn)

In New York a death is registered locally, and in Kings County (Brooklyn) certified copies of the death certificate are issued by Office of Vital Records, Department of Health and Mental Hygiene, Kings County (Brooklyn) as well as by New York State Department of Health - Vital Records Section.

Vital Records Office Record

Local Health Department

Kings County · Office of Vital Records, Department of Health and Mental Hygiene

Hours

Monday-Friday 9:00 AM-3:30 PM

Office

125 Worth Street, Room CN-4, Room 119, New York, NY 10013

Certified copies

By appointment

Order online

Local rule

  • The Office of Vital Records issues death certificates for deaths in the five boroughs; every in-person order needs an appointment, and the counter handles death records from 1970 on. Older records are ordered online or by mail.

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

Office

599 Winthrop Street, Brooklyn, NY 11203

Serves this county

Office of Chief Medical Examiner of the City of New York

Release of remains

1-212-447-2030 · Communications Unit, family members · (press 3, then press 1) · 24 hours a day, 7 days a week

Verified November 1, 2026 · Source

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 City Register.

Deeds and other real property documents for Kings County (Brooklyn) are recorded with the City Register at 210 Joralemon Street, 2nd Floor, Brooklyn, NY 11201. Phone: 1-212-487-6300.

The City Register charges $37 for the first page plus $5 for each additional page.

Kings County (Brooklyn) accepts electronic recording through ACRIS.

Recording Office Record

City Register

Kings County (Brooklyn)

Office

210 Joralemon Street, 2nd Floor, Brooklyn, NY 11201

Fees

Recording fees

Base fee (first page)$37
Each additional page$5
TP-584-NYC Combined Real Estate Transfer Tax Return (NYC)Not required for a TOD deedno separate City Register filing fee
RP-5217-NYC Real Property Transfer Report (Residential/Agricultural)Not required for a TOD deed$125
RP-5217-NYC Real Property Transfer Report (Commercial/Other)Not required for a TOD deed$250
NYC-RPT NYC Real Property Transfer Tax ReturnRequired with most deedsno fee on a deed; $100 to file the RPTT for non-deed transfers
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

NYC Department of Finance Schedule of Property Recording Fees and Taxes; CPLR § 8021; RPL § 333(3)(ii)

Verified October 17, 2026 · Source

Probate Attorneys Serving Kings County (Brooklyn)

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, 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.

Solo PracticeServes 5 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawAsset ProtectionMedicaid Planning

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.

Serves 7 countiesFree consultationEstate PlanningProbate

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.

Serves 2 countiesEstate PlanningTrust AdministrationProbateElder LawTax Planning+6

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.

Solo PracticeSince 2011Serves 5 countiesFree consultationVirtual consultationsEstate PlanningProbateProbate LitigationTrust LitigationTax PlanningReal Estate

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.

Serves 4 countiesFree consultationEstate PlanningProbateProbate LitigationElder LawTax Planning+3

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.

Solo PracticeServes 5 countiesFree consultationVirtual consultationsEstate PlanningProbateElder LawTax PlanningGuardianship+4

See all 47 firms serving Kings County (Brooklyn) →

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.

Legal Sources

(9)·

Data sourced from New York statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in New York

Free tools for settling an estate in New York: whether probate is needed, executor and trustee pay, creditor deadlines 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.

See the Steps

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.

See the Steps

Can I Self-File Probate?

In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

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