Published: July 22, 2025
Estimated reading time: 6 minutes
Probate in Brooklyn, New York: A Local Guide by RK Law PC
Why Families Choose RK Law PC for Probate in Brooklyn
Brooklyn’s diverse neighborhoods—from Bay Ridge to Bushwick—each have unique family dynamics and real‑property issues that shape the probate process. Our firm has represented hundreds of personal representatives and heirs throughout Kings County , ensuring estates are settled quickly and cost‑effectively. We streamline the Probate in Brooklyn process.
Local proof point: We appear in Kings County Surrogate’s Court at 2 Johnson Street on a weekly basis and maintain an office minutes from the courthouse, making filings and court conferences seamless.
Understanding Probate in Brooklyn
Locate the Original Will
The Surrogate’s Court in Brooklyn requires the original signed Will. If it’s lost, a proceeding to admit a lost Will may be necessary under SCPA § 1407.
File a Probate Petition
Submit the probate petition (Form OC‑PR‑1) with supporting affidavits, a certified death certificate, and the Court’s filing fee, currently $210 plus $6 per page for the Will.
Citation & Service
Potential distributees must receive a citation or sign a waiver and consent. Proper service under SCPA § 307 is essential to avoid delays.
Court Review & Objections
If no objections are filed, the judge will admit the Will and issue Letters Testamentary. In contested matters—common in Brooklyn’s multi‑generational brownstones—RK Law PC aggressively defends our client’s position.
Are you dealing with a Will Contest in Brooklyn? Contact us for a complimentary case evaluation.
Administer the Estate
This includes collecting assets, paying debts and New York estate taxes, and filing an accounting. We routinely coordinate with title companies for transfers of Brooklyn real estate.
Distribute Assets & Close the Estate
Upon the Court’s approval of the accounting or a family settlement agreement, assets are distributed and the Fiduciary is discharged.
Common Probate in Brooklyn FAQs
The Kings County Surrogate’s Court
is located at 2 Johnson Street, Brooklyn, NY 11201. It is situated in the historic Brooklyn Municipal Building near Borough Hall.
The executor or administrator is responsible for managing the property. In Brooklyn, this often involves coordinating with title companies for transfers, emptying the property, or seeking Co-op Board approval for apartment sales.
Yes, but it is a complex proceeding. Under SCPA § 1407, you must prove the Will was not revoked and establish its contents through clear and convincing evidence. This typically requires a specialized hearing in front of the Brooklyn Surrogate.
While not legally required, hiring an attorney familiar with the specific procedures of the Kings County Surrogate’s Court is highly recommended. Brooklyn has unique local rules, and an experienced firm like RK Law PC can help navigate neighborhood-specific issues, such as co-op board requirements or Bed-Stuy brownstone liens.
7–18 months on average; contested matters can exceed 24 months.
Usually just the executor’s attorney; beneficiaries rarely appear unless there is a contest.
RK Law PC offers transparent hourly and flat‑fee options quoted after a complimentary case evaluation.
Neighborhood Factors That Impact Probate
- Co‑op apartments in Park Slope: require Board approval before transfer; plan for added time.
- Brownstones in Bed‑Stuy: often have liens for ECB violations that must be cleared before closing.
- Condo units in Williamsburg: may trigger capital gain tax issues due to rapid appreciation.
Avoiding Probate in Brooklyn Through Advance Planning
- Revocable Living Trusts keep Brooklyn real estate out of Surrogate’s Court.
- Transfer‑on‑Death (TOD) Deeds (allowed for co‑ops via beneficiary designations) provide an alternative pathway.
- Beneficiary Designations on bank accounts at local branches such as TD Bank on Atlantic Avenue streamline transfers.
Next Steps for Probate in Brooklyn
Schedule a Free Consultation
Call or contact us to discuss your Probate in Brooklyn matter or estate administration matter with our attorneys.
Serving all of Brooklyn: Brooklyn Heights • DUMBO • Fort Greene • Crown Heights • Flatbush • Sheepshead Bay
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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