Trust & Estate Lawyer in Kings County (Brooklyn), NY
Kings County (Brooklyn) estate planning and probate matters are governed by NY Estates, Powers and Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). Law Offices Of SRIS, P.C. provides full representation for wills, trusts, probate administration, and estate tax planning in Brooklyn. Our firm has 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate.
New York Trust & Estate Law
New York estate law includes the Estates, Powers and Trusts Law (EPTL), Surrogate’s Court Procedure Act (SCPA), and Tax Law § 951 et seq. for estate taxes. The New York estate tax exemption is $7.35 million for 2026, but estates exceeding 105% of this amount face taxation on the entire estate value—not just the excess.
Last verified: March 2026 | Kings County Supreme Court | New York State Legislature
Official New York Legal Resources
For the complete text of New York estate laws, refer to the New York State Legislature website (official EPTL and SCPA statutes). For court procedures and forms, visit the Kings County Supreme Court website (official .gov domain).
Brooklyn Surrogate’s Court Procedures
Wills are probated through the Kings County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and requires inventory and accounting. In Kings County Surrogate’s Court, estate administration typically follows a structured timeline with specific documentation requirements.
- File the will and petition for probate: Submit the original will and a petition for probate to the Kings County Surrogate’s Court. Pay the filing fee based on estate value.
- Obtain letters testamentary or administration: The court will issue letters testamentary (if there’s a will) or letters of administration (if no will) to appoint the executor or administrator.
- Notify interested parties and creditors: Serve citations to all interested parties and publish notice to creditors. This starts the 7-month creditor claim period.
- Inventory estate assets and pay debts: Prepare an inventory of all estate assets. Pay valid creditor claims, funeral expenses, and administrative costs.
- File estate tax returns if required: If the estate exceeds $7.35 million, file both federal and New York estate tax returns within 9 months of death.
- Distribute remaining assets to beneficiaries: After paying all debts and taxes, distribute the remaining assets according to the will or intestacy laws. File a final accounting with the court.
Trust & Estate Consequences in Brooklyn
In Kings County (Brooklyn), estate administration errors can lead to surcharges, removal of fiduciaries, and extended litigation, while New York estate tax non-compliance triggers penalties of 3.06% to 16% on the entire taxable estate under Tax Law § 951 et seq.
| Issue | Legal Classification | Court Process | Financial Impact | Timeline |
|---|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate frozen during litigation | Legal fees, potential redistribution | 12-24 months |
| Breach of Fiduciary Duty | SCPA § 2307 violation | Surcharge, removal of executor | Personal liability for losses | 6-18 months |
| NY Estate Tax Non-Filing | Tax Law § 951 et seq. | Tax assessment, penalties, interest | 3.06%-16% of estate value + penalties | 9-month filing deadline |
| Probate Without Will | Intestate Administration | Court-appointed administrator | Statutory executor commission | 12-24 months |
Results may vary. Each estate matter depends on specific facts, court procedures, and applicable laws.
Trust & Estate Experience in New York
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has 120+ years of combined attorney experience handling estate planning, probate, trust administration, and estate tax matters. We provide case-specific approaches for Brooklyn clients facing Surrogate’s Court proceedings.
Global advocacy. Local precision. Our New York location serves clients throughout Kings County with understanding of local court procedures and New York’s unique estate tax laws.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate in various legal matters.
Results may vary. Prior results do not aim for a similar outcome.
Brooklyn Trust & Estate Lawyer Near You
Our New York location represents clients at Kings County (Brooklyn) courts, accessible via BQE (I-278), Atlantic Ave, Flatbush Ave, and Belt Pkwy. We serve Brooklyn neighborhoods 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’ where estates exceeding 105% of the exemption are taxed on the entire estate value, not just the excess.
How long does probate take in Kings County Surrogate’s Court?
Probate typically takes 12-24 months in Kings County Surrogate’s Court. For small estates under $50,000, an expedited small estate affidavit process is available.
What happens if someone contests a will in Brooklyn?
If a will is contested, the estate is frozen during litigation. The Surrogate’s Court will hear objections from interested parties, which can delay distribution for 12-24 months or longer.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rate is calculated on a sliding scale based on the estate value, typically ranging from 2% to 5%.
When is the New York estate tax return due?
The New York estate tax return is due 9 months after the date of death. Extensions may be available, but interest accrues on any unpaid tax from the original due date.
Related Legal Resources
For more information, visit our New York Trust & Estate Lawyer hub page. We also serve nearby counties including Albany County and Broome County. In Kings County, we handle related matters such as business law and civil litigation. Learn more about Mr. Sris’s background and experience or visit our New York location page.
Last verified: March 2026. Information updated as of 2026-02-20. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.