“I just don’t want my kids stuck in court for a year.” That worry comes up constantly with Brooklyn clients, especially after they’ve watched a relative’s estate crawl through Kings County Surrogate’s Court. Here is how probate actually works in New York — and the legitimate ways to sidestep it.
“What is probate, really?”
Probate is the court process that validates your will and authorizes someone to distribute your estate. In Brooklyn, that happens in the Kings County Surrogate’s Court under the Surrogate’s Court Procedure Act (SCPA). The court confirms the will meets EPTL §3-2.1 formalities, notifies heirs, and oversees the appointment of an executor. It can take months, sometimes longer if an heir objects or can’t be located.
“Why do people want to avoid it?”
Three reasons usually: time, cost, and privacy. Probate filings are public, the process can stall a family that needs access to funds, and any interested party can raise objections. Avoiding probate doesn’t avoid estate tax — those are separate issues — but it can spare your family delay and exposure.
“What actually avoids probate in New York?”
The most comprehensive tool is a revocable living trust (EPTL Article 7). Assets you retitle into the trust pass to your beneficiaries through your successor trustee, with no Surrogate’s Court proceeding. The catch is funding: a trust only avoids probate for assets actually transferred into it. An unfunded trust does nothing.
“Are there simpler options?”
Yes, several work alongside or instead of a trust:
- Beneficiary designations on life insurance, IRAs, and 401(k)s pass directly to the named person, outside probate.
- Payable-on-death (POD) and transfer-on-death arrangements on bank accounts pass to the named beneficiary.
- Joint ownership with right of survivorship lets property pass automatically to the surviving owner — common for Brooklyn couples, though it carries its own risks.
Note that New York does not currently offer a transfer-on-death deed for real estate, so a Brooklyn home or co-op generally needs a trust or joint titling to pass outside probate.
“What about a small estate?”
If the estate’s personal property is modest, New York offers a simplified “voluntary administration” (small estate) proceeding under the SCPA, which is faster than full probate. It’s still a court process, but a lighter one.
“Will a trust save me on taxes too?”
No — and this is a common misunderstanding. A revocable trust avoids probate but provides no estate-tax savings and no Medicaid protection. If tax or long-term-care planning is your goal, that requires different tools, such as an irrevocable trust subject to the five-year look-back.
A note before you act
The right probate-avoidance plan depends on how your Brooklyn assets are titled today — and a half-funded trust or a stale beneficiary form can quietly undo your intentions. A New York estate planning attorney can map your assets to the right tools so your family avoids Kings County Surrogate’s Court where it makes sense.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.