Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Probate in United States and the lawyer answers, or ask your own questions for free.
Hello: We are sorry to hear about the passing of your husband, and we extend our deepest condolences. Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property...
Read full answerProbate is the legal process that settles a person’s affairs after they die. In Brooklyn - which is Kings County, New York - probate typically means filing a will with the Kings County Surrogate's Court so an executor can be appointed, assets can be collected, debts and taxes can be paid, and remaining property can be distributed to beneficiaries. When there is no valid will, the court appoints an administrator and distributes assets under New York intestacy rules. Probate law covers a mix of state statutes, local court rules, and long-standing practice in the Surrogate's Court.
Probate can be straightforward in simple estates, but there are many common situations where a lawyer is helpful or necessary:
- No will or unclear estate plan - an attorney can guide you through intestacy procedures and court petitions.
- Complex or valuable estates - estates with real estate, business interests, retirement accounts, or out-of-state assets often require legal and tax planning.
- Disputes among heirs or beneficiaries - contests over wills, allegations of undue influence, or disputes about inventory and distributions typically require litigation experience.
- Creditor claims and creditor notice requirements - a lawyer helps identify, evaluate, and respond to creditor claims and avoid personal liability for improper distributions.
- Estate and income tax questions - estate tax returns, NYS tax issues, and federal tax consequences can be complex and benefit from counsel or tax specialists.
- Trustee or executor guidance - duties include fiduciary standards, record-keeping, accountings, and filings; a lawyer can advise on compliance and reduce risk of personal exposure.
- Guardianship or conservatorship proceedings - if a decedent left minor children or incapacitated adults, counsel is often required.
Here are key local and state aspects that matter for probate in Brooklyn:
- Jurisdiction - Probate and administration matters for residents of Brooklyn and property located in Kings County are handled by the Kings County Surrogate's Court. The Surrogate's Court has exclusive authority over probate, administration, and many guardianship and related matters.
- Filing requirements - To open a probate case you generally need the original will, a certified death certificate, and a petition to the Surrogate's Court. The court has local rules and form requirements that must be followed, so filings are typically made on prescribed forms and in prescribed formats.
- Letters of appointment - Once the court admits a will to probate, it issues Letters Testamentary to the executor. If there is no will, the court issues Letters of Administration to an appointed administrator. These letters provide legal authority to handle bank accounts, sell property, and otherwise act for the estate.
- Bond requirements - The court may require an executor or administrator to post a fiduciary bond to protect the estate from mismanagement. Many wills waive the bond requirement for a named executor, but if a bond is required the court will set the amount and terms.
- Estate accounting and fiduciary duties - Executors and administrators are fiduciaries. They must inventory assets, notify beneficiaries, collect and safeguard estate property, pay valid debts and taxes, and provide accounting to the court or beneficiaries as required by law.
- Small estate and simplified procedures - New York offers less formal procedures for smaller estates or for certain personal property distributions. These procedures have eligibility rules and are not appropriate for every situation.
- Creditor claims and notice - The law sets procedures for notifying creditors and resolving claims. Deadlines and requirements may vary depending on the methods used for notice and whether the estate uses voluntary administration or full probate.
- Intestacy - If someone dies without a will, New York statutory rules determine who inherits and in what shares. Spouses, children, parents, and more distant relatives have priority under these rules.
- Interaction with trusts - Surrogate's Courts in New York may have jurisdiction in certain trust disputes, but many trust administrations occur outside probate. Whether a trust avoids probate depends on how assets are titled and whether the trust was properly funded.
- Fees and taxes - Surrogate's Court charges filing fees and there may be state or federal tax obligations for the estate. Estates with significant value or those with property outside New York may involve additional filings and taxes.
Probate is the court-supervised process of proving a will, appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remainder to beneficiaries. It provides legal authority to transfer property that is only in the deceased person’s name and ensures creditors and taxes are properly handled before distributions.
To start probate you generally file the original will, a certified death certificate, and a probate petition with the Kings County Surrogate's Court. The court will review the documents, set a hearing if needed, and, if satisfied, admit the will and issue Letters Testamentary or Letters of Administration. Local court forms and specific filing requirements apply, so it is helpful to visit the court clerk or consult an attorney before filing.
No. Some assets pass outside probate through joint ownership, beneficiary designations like payable-on-death accounts or retirement accounts, transfers on death deeds, or by being held in trust. Small estate procedures and statutory transfers may also avoid full probate. Whether probate is required depends on how the decedent’s assets were titled and what claims must be resolved.
The timeline varies. Simple, uncontested cases may be substantially administered in several months, while more complex or contested estates can take a year or more. Factors include the size and complexity of the estate, creditor resolution, tax filings, court backlog, and whether there are will contests or disputes among heirs.
An executor or administrator must locate and secure assets, prepare an inventory, notify beneficiaries and creditors, pay valid debts and expenses, file required tax returns, account to the court or beneficiaries as required, and distribute the remaining property according to the will or intestacy law. They must act in the estate’s best interest and avoid conflicts of interest.
Yes. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, improper execution, or the existence of a later valid will. Contests are often complex, require evidence, and are subject to strict procedural rules and deadlines, so timely legal advice is essential.
If there is no valid will, the Surrogate's Court appoints an administrator and distributes the estate according to New York’s intestacy statutes. Typically, distribution favors a surviving spouse and children, then other relatives in a prescribed order. Because intestacy does not reflect personal preferences, creating a will is recommended to control distribution.
Creditors must be given an opportunity to present their claims against the estate. The executor or administrator should identify known creditors, publish required notices if applicable, and either pay, negotiate, or contest valid claims. Estate resources should not be distributed to beneficiaries until legitimate claims are addressed, or the fiduciary may face personal liability.
Whether an estate owes New York or federal estate taxes depends on the value of the taxable estate and current tax thresholds and rules. Both federal and state exemptions and rates change over time, and certain deductions and credits can apply. Because tax law is complex and can have significant financial impact, most estates of substantial value consult tax counsel or an estate attorney.
Yes, for very simple estates some people use Surrogate's Court forms and self-help resources to complete probate. However, errors can cause delays, personal liability, or loss of rights. When issues are complicated - for example when there is real estate, tax questions, family disputes, or significant creditor claims - hiring a lawyer is strongly recommended.
Useful organizations and offices for probate matters in Brooklyn include local and state courts and legal aid providers. Consider contacting:
- The Kings County Surrogate's Court for local filing procedures and form availability.
- New York State Unified Court System self-help centers for general probate and filing guidance.
- The New York State Department of Taxation and Finance for questions about state tax obligations.
- The Internal Revenue Service for federal estate tax and final income tax questions.
- Local bar associations such as the Brooklyn Bar Association and the New York State Bar Association for attorney referrals and lawyer directories.
- Legal aid organizations and elderlaw clinics for low-cost or sliding-fee assistance, including the Legal Aid Society and community legal service providers.
- Financial and tax professionals for valuation, accounting, and tax return assistance.
If you need legal assistance with probate in Brooklyn, consider these steps:
- Gather documents - find the original will, certified death certificate, recent financial statements, deeds, titles, and contact information for beneficiaries and known creditors.
- Make temporary arrangements to secure assets - lockboxes, bank accounts, property keys, and safe custody of important documents.
- Contact the Kings County Surrogate's Court clerk to confirm local filing requirements and obtain the correct forms for probate or administration.
- Consider consulting an experienced probate attorney - especially if the estate has real estate, business interests, tax complexity, or family disputes. Prepare a short summary of assets, debts, and the will to get the most from an initial consultation.
- Obtain multiple certified copies of the death certificate - these are required by banks, government agencies, and other institutions when transferring or closing accounts.
- If affordability is a concern, ask about lower-cost options such as limited-scope representation, unbundled services, or referrals to legal aid clinics.
Probate can be administratively detailed and emotionally challenging. Starting organized and seeking appropriate legal guidance will help protect the estate, reduce delays, and ensure distributions comply with New York law.
