Overview
Kings County, coextensive with the Borough of Brooklyn, is the most populous county in New York State. The Kings County Surrogate's Court handles all estate matters for individuals who were domiciled in Brooklyn at the time of death, including probate of wills, administration of intestate estates, accountings, and guardianships.
New York probate is governed by the Surrogate's Court Procedure Act (SCPA). In Kings County, estate filings are processed by a dedicated Surrogate's Court with its own courthouse and staff. The court handles both testate proceedings (where a will exists) and intestate proceedings (no will), as well as voluntary administration for small estates valued under $50,000.
Kings County Surrogate's Court requires NYSCEF electronic filing for most new proceedings. The court also maintains a Help Center to assist self-represented individuals with procedural questions and form requirements.
Filing fees in Kings County are set by SCPA Section 2402 and are based on the gross value of the estate. A citation must be served on all necessary parties before the court will admit a will to probate or issue letters of administration.
This guide provides an informational overview of the Kings County probate process. It is not legal advice and does not constitute attorney representation. Laws and local procedures may change, so verify current requirements with the court or a qualified attorney.
Courthouse Information
Kings County Surrogate's Court
The Kings County Surrogate's Court is located in downtown Brooklyn, near Borough Hall and several subway lines.
Address: 2 Johnson Street, Room 109, Brooklyn, NY 11201
Phone: (347) 404-9700
Hours: Monday through Friday, 9:00 AM to 5:00 PM
Website: nycourts.gov/courts/2jd/surrogates
The court's clerk offices handle filing, fee collection, issuance of letters, and certified copies. The Help Center is available for self-represented individuals seeking procedural guidance.
Access and Transportation
The courthouse is accessible via multiple subway lines (2, 3, 4, 5, A, C, F, R, and B trains serve nearby stations including Borough Hall and Jay Street-MetroTech). Limited metered street parking is available. Visitors should plan for security screening at the building entrance.
Filing Process
Step 1: Determine the Proceeding Type
Before filing, determine which petition is appropriate:
- Probate Proceeding (SCPA Article 14): When a will exists and needs to be admitted to probate. The court issues Letters Testamentary to the executor named in the will.
- Administration Proceeding (SCPA Article 10): For intestate estates (no will). The court appoints an administrator and issues Letters of Administration.
- Voluntary Administration (SCPA Article 13): A simplified procedure for small estates valued at $50,000 or less (excluding real property). No formal probate is required.
- Small Estate Affidavit: For estates with only personal property under $50,000, a voluntary administration affidavit may be filed without a full proceeding.
Step 2: Prepare and File the Petition
Gather the required documents:
- Completed petition for probate or administration
- Original will and any codicils (if applicable)
- Certified death certificate
- Filing fee based on estate value (see fee schedule below)
- List of all distributees (heirs at law) with addresses and relationships
File through NYSCEF (electronic filing) or in person at the clerk's office. Attorneys are required to e-file; self-represented parties may file in person or by mail.
Step 3: Citation and Service
The court issues a citation that must be served on all necessary parties (distributees, beneficiaries, and any person whose interest may be affected). Service methods include:
- Personal service on parties within New York State
- Service by mail (certified mail, return receipt requested) for parties outside the state
- Service by publication when a party cannot be located after due diligence
The citation must be returnable at least 10 days after service (personal) or 20 days after mailing.
Step 4: Court Hearing and Issuance of Letters
On the return date, the Surrogate reviews the petition and any objections. If no objections are filed and the court is satisfied, it will:
- Admit the will to probate and issue Letters Testamentary, or
- Appoint an administrator and issue Letters of Administration
The fiduciary may need to post a bond unless the will waives the requirement or all distributees consent.
Step 5: Estate Administration and Closing
The fiduciary must:
- Collect and inventory all estate assets
- Publish a notice to creditors
- Pay valid debts and expenses
- File federal and state estate tax returns if required
- File a final accounting with the court or obtain receipts and releases from all beneficiaries
- Distribute remaining assets to beneficiaries
Local Requirements
Kings County-Specific Procedures
- NYSCEF mandatory e-filing: All submissions filed in Kings County Surrogate's Court must be e-filed through NYSCEF. Submissions not e-filed may be rejected. Self-represented parties may opt out and file in person or by mail.
- Original wills and death certificates must be submitted in hard copy to the court even when e-filing; they cannot be filed electronically.
- Citation service: All necessary parties must be served with a citation before the court will act on a petition. The court issues the citation after the petition is filed.
- Kinship proceedings: When heirs are unknown or uncertain, a kinship proceeding (SCPA 2225) may be required, often involving a court-appointed guardian ad litem.
- Right of election: A surviving spouse who is not adequately provided for under the will may exercise the right of election to claim one-third of the net estate (EPTL 5-1.1-A).
Bond Requirements
The court may require a surety bond from the fiduciary. Bond is typically waived when:
- The will expressly waives bond, or
- All distributees consent to waiving bond and file waivers with the court
For intestate estates, bond is generally required unless all distributees petition for a waiver.
New York Estate Tax
New York imposes its own estate tax separate from the federal estate tax. The current exemption is approximately $6.94 million. Estates that exceed this threshold (or that exceed it by more than 5%, triggering a "cliff") may owe New York estate tax. The fiduciary should consult a tax professional for estates near or above this threshold.
Timeline & Fees
Filing Fees (Kings County)
Filing fees are set by SCPA Section 2402 and are based on the gross value of the probate estate:
- Under $10,000: $45
- $10,000 to under $20,000: $75
- $20,000 to under $50,000: $215
- $50,000 to under $100,000: $280
- $100,000 to under $250,000: $420
- $250,000 to under $500,000: $625
- $500,000 and over: $1,250
Additional costs:
- Certified copies of letters: approximately $6 per copy
- Publication of citation (if required): varies by newspaper, typically $200-$500
- Guardian ad litem fees (if appointed): set by the court
- Bond premium: typically 0.5%-1% of estate value annually
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. A convenience fee may apply to card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 2 to several years
The minimum timeline is driven by the citation return period, creditor claims, and tax clearance requirements. Kings County's high filing volume may add processing time compared to smaller courts.
Local Resources
Kings County Surrogate's Court Resources
- Court Website: nycourts.gov/courts/2jd/surrogates
- NYSCEF E-Filing Portal: iapps.courts.state.ny.us/nyscef
- WebSurrogate (case search): websurrogates.nycourts.gov
- NYS Surrogate's Court Forms: nycourts.gov/forms/surrogates
Legal Aid and Attorney Referrals
- Brooklyn Legal Services: (718) 237-5500 -- provides free legal assistance to qualifying individuals
- New York City Bar Association Referral Service: (212) 626-7373
- Legal Aid Society: (212) 577-3300
Publication
- New York Law Journal: Official law publication for legal notices in New York courts
- Brooklyn Eagle / Brooklyn Daily: Local newspapers used for citation publication in Kings County