Probate is the court process of proving a deceased person’s will and authorizing their executor to settle the estate — in Brooklyn, that happens at the Kings County Surrogate’s Court, 2 Johnson Street. From filing the petition to final distribution, a straightforward Brooklyn estate typically takes 9 to 18 months, longer if a will is contested or heirs must be located abroad. This guide walks through every step under New York’s Surrogate’s Court Procedure Act (SCPA).
What probate is and how long it takes in Brooklyn
Probate (definition): the court proceeding that proves a will is valid and grants the executor authority to act through “letters testamentary.”
Because Kings County is one of New York’s busiest Surrogate’s Courts, timelines run longer than in smaller counties. A simple, uncontested Brooklyn estate often clears in under a year; estates with real property to sell, tax filings, or kinship questions commonly run 18 months or more.
Step-by-step: probating a will in Kings County
- Locate the original will. A copy usually isn’t enough — the Kings County court needs the signed original.
- File the probate petition (SCPA 1402). The named executor files a petition with the death certificate and the will at 2 Johnson Street, via NYSCEF e-filing.
- Notify distributees by citation. Everyone who would inherit if there were no will must be served and given a chance to object.
- Receive letters testamentary. Once the court admits the will, it issues letters testamentary authorizing the executor to act.
- Marshal and inventory assets. Identify and secure the brownstone, accounts, and personal property; obtain date-of-death values.
- Pay debts, expenses, and taxes. Settle creditor claims, file final income taxes, and file any NY/federal estate-tax returns.
- Distribute to beneficiaries. Transfer assets according to the will’s terms.
- Account and close. Provide a judicial or informal accounting; once beneficiaries approve (or the court settles it), the estate closes.
For the executor’s full duties and liabilities, see executor duties.
Required documents checklist
- Original signed will (with self-proving affidavit if available)
- Certified death certificate
- Probate petition (SCPA 1402)
- List of distributees and their addresses
- Family tree / affidavit of heirship (especially where kinship is unclear)
- Asset and value information for the petition
Kings County filing fees (SCPA 2402)
New York sets probate filing fees on a graduated scale by estate value under SCPA 2402:
| Estate value | Filing fee (approx.) |
|---|---|
| Under $10,000 | $45 |
| $10,000 – under $20,000 | $75 |
| $20,000 – under $50,000 | $215 |
| $50,000 – under $100,000 | $280 |
| $100,000 – under $250,000 | $420 |
| $250,000 – under $500,000 | $625 |
| $500,000 and over | $1,250 |
These statutory amounts are stable but should be confirmed with the court at filing.
Where to file
| Court | Kings County Surrogate’s Court |
| Address | 2 Johnson Street, Brooklyn, NY 11201 |
| County | Kings County (Brooklyn) |
| E-filing | NYSCEF |
The decedent must have been domiciled in Kings County for this court to have venue under SCPA 205. Learn more on our Surrogate’s Court page.
Probate vs. administration
Probate applies when there’s a will. Administration applies when there’s no will — the court appoints an administrator under SCPA 1001 and the estate passes by EPTL 4-1.1 intestacy.
Brooklyn’s large immigrant population means many estates open as administrations with kinship complications — see contested estates for heirship proceedings.
Small estates: voluntary administration (SCPA Article 13)
If the decedent’s personal property is under $50,000 (excluding real estate that passes other ways), the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, low-cost process that skips full probate. It’s a fast track many small Brooklyn estates can use.
A realistic Brooklyn example
Maria, a longtime Bensonhurst homeowner, dies leaving a two-family house, two bank accounts, and a valid will naming her daughter executor. Her daughter files the SCPA 1402 petition at 2 Johnson Street, serves Maria’s other children by citation, and receives letters testamentary in a few months. She sells one tenant’s portion, pays the final taxes, files a NY estate-tax return (the appreciated house pushes the estate near the cliff), and distributes the rest — closing the estate in about 14 months.
Frequently asked questions
How much does probate cost in Brooklyn? Court filing fees follow the SCPA 2402 graduated scale (from $45 up to $1,250 for estates of $500,000+), plus attorney’s fees and any executor commissions. The house’s value usually sets the fee tier.
Do all Brooklyn estates have to be probated? No. Assets in a funded trust, jointly owned property, and beneficiary-designation accounts pass outside probate. Small estates under $50,000 in personal property can use SCPA Article 13 voluntary administration.
How long does Kings County probate take? A simple uncontested estate often finishes in 9–14 months; contests, real-estate sales, estate-tax filings, or kinship searches can push it past 18 months given the court’s heavy caseload.
Get help with a Brooklyn estate
Probate is procedural and unforgiving of mistakes. Schedule a 30-minute consultation with Russel Morgan to move your Kings County estate forward.
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