Probate Lawyer Kings County NY | SRIS, P.C.
Probate Lawyer in Kings County (Brooklyn), NY — handling Surrogate’s Court
If you are handling an estate in Kings County, you need a knowledgeable probate lawyer. Kings County probate is governed by the New York Surrogate’s Court Procedure Act (SCPA) and Estates, Powers and Trusts Law (EPTL). Law Offices Of SRIS, P.C. provides experienced guidance for executors, administrators, and beneficiaries handling the Surrogate’s Court in Brooklyn.
Understanding Probate and Estate Administration in New York
Probate is the legal process of validating a will and administering an estate under court supervision. In New York, this process occurs in the Surrogate’s Court. The primary statutes governing this area are the New York Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These laws define the roles of executors and administrators, outline the procedures for filing petitions, and establish the rules for distributing assets and paying debts.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Mr. Sris, the founder of Law Offices Of SRIS, P.C., brings a strategic approach to complex estate matters. With a background that includes amending state code in other jurisdictions, he understands the importance of precise legal navigation in matters governed by detailed statutes like the EPTL and SCPA.
Official Legal Resources
For the full text of the governing laws, refer to the New York State Legislature website. For court-specific forms and procedures, visit the Kings County Supreme Court website.
The Probate Process in Kings County Surrogate’s Court
Probate in Kings County begins with filing a petition in the Surrogate’s Court, located at 360 Adams Street in Brooklyn. The court will issue citations to all interested parties, such as heirs and beneficiaries. An inventory of the estate’s assets must be filed, followed by an accounting of how those assets are managed and distributed. For estates valued under $50,000, a small estate affidavit may allow for an expedited process, bypassing full probate.
- File the Petition: Submit the will (if one exists) and a petition for probate or letters of administration with the Kings County Surrogate’s Court.
- Notify Interested Parties: The court issues citations to all heirs, beneficiaries, and potential creditors, giving them an opportunity to object.
- Appoint the Fiduciary: The court formally appoints the executor (named in the will) or administrator (if no will exists) by issuing letters testamentary or letters of administration.
- Manage the Estate: The fiduciary must inventory assets, pay valid debts and taxes, and manage the estate’s property.
- File an Accounting: Prepare and submit a formal accounting to the court detailing all financial transactions of the estate.
- Distribute Assets & Close: After court approval of the accounting, distribute the remaining assets to the rightful beneficiaries and close the estate.
Key Considerations for Kings County Estates
In Kings County, probate involves court-supervised administration, executor commissions set by statute (SCPA § 2307), and critical deadlines like the 9-month filing period for New York estate tax returns.
New York has a state-level estate tax with a significant “cliff” effect. For 2026, the exemption is $6.94 million. However, if the taxable estate exceeds 105% of this exemption, the entire estate value is taxed, not just the excess. Rates range from 3.06% to 16%. Breach of fiduciary duty by an executor or administrator can lead to surcharges (monetary penalties) and removal by the court.
Firm Experience in Estate Matters
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine decades of legal experience to approach estate planning and probate with thoroughness and care. We understand that these matters are deeply personal and often stressful, and we focus on providing clear guidance through the legal process.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation for Brooklyn Residents
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 250-6400
By appointment only.
Our New York location serves clients with matters in Kings County (Brooklyn) courts. We represent individuals and families from neighborhoods across Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park. For a probate law firm Kings County NY that understands local procedures, contact us for a 24/7 phone consultation at (888) 437-7747. Meetings are held by appointment only.
Frequently Asked Questions
What is the role of the Surrogate’s Court in Kings County?
Yes. The Kings County Surrogate’s Court oversees all probate and estate administration matters. It validates wills, appoints executors or administrators, supervises the estate settlement process, and resolves any disputes that arise among beneficiaries or creditors.
How long does probate take in Brooklyn?
It depends on the estate’s complexity. A clear estate without disputes may take 12 months. Estates with will contests, difficult-to-value assets, or tax issues can take 24 months or longer. Using a small estate affidavit for estates under $50,000 can expedite the process significantly.
What happens if someone dies without a will in New York?
They die “intestate.” New York’s EPTL dictates how their assets are distributed, typically to surviving spouses, children, or other closest relatives. The Surrogate’s Court will appoint an administrator (not an executor) to manage the estate, following the statutory order of priority for heirs.
What are the executor’s fees in New York?
Executor commissions are set by statute (SCPA § 2307). The fee is a percentage of the estate assets received and paid out. For example, the commission is 5% on the first $100,000, 4% on the next $200,000, and so on. The court must approve these fees as part of the final accounting.
Can a will be contested in Kings County?
Yes. Interested parties can file a will contest in Surrogate’s Court, alleging the will is invalid due to lack of testamentary capacity, undue influence, fraud, or improper execution. Contesting a will freezes the estate’s distribution until the court resolves the matter, often adding a year or more to the timeline.
Related Legal Resources
If you are dealing with estate matters, you may also need guidance on related issues. Our firm assists with business succession planning in Kings County and civil litigation that can arise from estate disputes. For broader New York estate resources, visit our New York Trust & Estate hub page. We also serve clients in neighboring areas like Albany County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.