Trust & Estate Lawyer in Kings County (Brooklyn), NY
New York Trust & Estate Law in Kings County
New York trust and estate law governs the creation of wills and trusts, the administration of estates through probate, and the resolution of disputes in Surrogate’s Court. Key statutes include the NY Estates, Powers and Trusts Law (EPTL), Surrogate’s Court Procedure Act (SCPA), and NY Tax Law § 951 et seq. for estate taxation.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to trust and estate matters. Our firm understands the procedural requirements of Kings County Surrogate’s Court and the substantive law governing estate planning and administration.
Last verified: March 2026 | Kings County Supreme Court | NY Estates, Powers and Trusts Law
Official New York Trust & Estate Resources
For authoritative information on New York trust and estate law, consult these official government resources:
Trust & Estate Procedures in Kings County Surrogate’s Court
Trust and estate matters in Kings County proceed through the Surrogate’s Court, which handles probate, estate administration, and related proceedings. The court requires specific documentation and follows statutory timelines for each phase of estate settlement.
- File the will and petition: File the original will and a petition for probate with the Kings County Surrogate’s Court. Pay the filing fee based on estate value.
- Serve citations to interested parties: The court issues citations to all interested parties, including heirs, beneficiaries, and creditors, providing notice of the proceedings.
- Appoint executor or administrator: The court appoints an executor (if there’s a will) or administrator (if no will) to manage the estate and distribute assets.
- Prepare inventory and accounting: The executor must prepare a complete inventory of estate assets and file regular accountings with the court as required.
- File estate tax returns: File both federal and New York estate tax returns if the estate exceeds applicable exemption amounts. NY returns are due within 9 months.
- Distribute assets and close estate: After paying debts, taxes, and expenses, distribute remaining assets to beneficiaries and file final accounting to close the estate.
New York Estate Tax and Fiduciary Responsibilities
In Kings County, New York estate tax applies to estates exceeding $7.35 million in 2026, with rates from 3.06% to 16%, and features a “cliff effect” where estates exceeding 105% of the exemption are taxed on the entire value.
| Matter | Classification | Timeline | Fees/Commissions | Tax Implications | Additional Consequences |
|---|---|---|---|---|---|
| Probate Administration | Judicial Proceeding | 12-24 months | Filing fee based on estate value; Executor commission per SCPA § 2307 | NY estate tax if >$7.35M; Federal estate tax if >$13.61M | Estate frozen during proceedings; Creditor claims period |
| Small Estate Affidavit | Expedited Process | 1-3 months | Minimal filing fee | No estate tax if under exemption | Available for estates under $50,000 |
| Will Contest | Litigation | 12-24 months | Court costs; Attorney fees | Estate tax deadlines still apply | Estate frozen; Family conflict; Increased costs |
| Breach of Fiduciary Duty | Surrogate’s Court Proceeding | 6-18 months | Surcharge; Removal; Attorney fees | Potential personal tax liability | Removal as executor; Personal financial liability |
Results may vary. Each estate matter depends on specific facts, asset types, family dynamics, and court scheduling.
Trust & Estate Experience in New York
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm combines over 120 years of legal experience with specific knowledge of New York trust and estate law. We understand the procedural requirements of Kings County Surrogate’s Court and the substantive law governing wills, trusts, and estate administration.
Our approach focuses on full estate planning to minimize tax exposure, efficient probate administration to expedite asset distribution, and assertive representation in Surrogate’s Court proceedings when disputes arise.
Trust & Estate Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington DC. Our trust and estate practice focuses on creating effective estate plans, handling probate efficiently, and resolving Surrogate’s Court disputes favorably.
Results may vary. Prior results do not aim for a similar outcome in your matter.
Trust & Estate Lawyer Serving Kings County (Brooklyn)
Our New York location represents clients at Kings County (Brooklyn) courts, accessible via BQE (I-278), Atlantic Ave, Flatbush Ave, and Belt Parkway. We serve clients throughout Brooklyn including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only
Frequently Asked Questions
What is the New York estate tax exemption for 2026?
The New York estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’ — if the taxable estate exceeds 105% of the exemption, the entire estate is taxed, not just the excess amount.
How long does probate take in Kings County Surrogate’s Court?
Probate typically takes 12-24 months in Kings County Surrogate’s Court. Small estates under $50,000 can use an expedited affidavit process. Will contests or complex estates may extend the timeline.
What are the executor commission rates in New York?
Executor commissions in New York follow statutory rates under SCPA § 2307. The commission is calculated as a percentage of the estate value received and paid out, with specific rates for different estate sizes.
When is the New York estate tax return due?
The New York estate tax return is due 9 months after the date of death. This deadline is strict, and extensions may be available under certain circumstances with proper filing.
What happens during a will contest in Brooklyn Surrogate’s Court?
During a will contest, the estate is typically frozen while the court examines the will’s validity. Interested parties receive citations, and the court reviews evidence of testamentary capacity, undue influence, or fraud.
Related Legal Resources
New York Trust & Estate Lawyer — Our state hub page for New York estate planning and probate matters.
Albany County Trust & Estate Lawyer — Serving clients in Albany County, New York.
Kings County Business Lawyer — Business law services in Brooklyn, including business succession planning.
Mr. Sris Attorney Profile — Learn more about our founding attorney’s background and experience.
New York Law Location — Information about our New York location and service areas.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.