Trust & Estate Lawyer in Kings County (Brooklyn), NY
New York Trust & Estate Law
New York trust and estate law involves wills, trusts, probate, and estate administration under the New York Estates, Powers and Trusts Law (EPTL). The Surrogate’s Court handles probate proceedings and estate administration in Kings County. Key statutes include EPTL for trust creation and administration, SCPA for court procedures, and New York Tax Law § 951 et seq. for estate tax provisions.
Last verified: March 2026 | Kings County Supreme Court | New York State Legislature
Official New York Trust & Estate Resources
For official New York estate law information, consult these government resources:
Brooklyn Estate Planning and Probate Process
Estate matters in Kings County proceed through the Surrogate’s Court located at 360 Adams Street in Brooklyn. The court handles probate, estate administration, guardianships, and trust matters for Brooklyn residents.
- File the will and petition: Submit the original will and probate petition to Kings County Surrogate’s Court with required filing fees based on estate value.
- Serve citations to interested parties: Formally notify all heirs, beneficiaries, and interested parties through citation service as required by New York law.
- Appoint executor or administrator: The court will issue letters testamentary (for named executor) or letters of administration (if no will exists).
- Inventory estate assets: Prepare and file a complete inventory of all estate assets within the timeframe set by the court.
- Pay debts and taxes: Settle valid creditor claims and file required tax returns, including the New York estate tax return if applicable.
- Distribute remaining assets: After court approval of the final accounting, distribute remaining assets to beneficiaries per the will or intestacy laws.
New York Estate Tax and Fiduciary Responsibilities
In Kings County, estate administration carries specific tax implications and fiduciary duties under New York law, with executor commissions following statutory rates and estate tax applying to estates exceeding $7.35 million in 2026.
| Matter | Governing Law | Timeline | Tax Implications | Fiduciary Duties |
|---|---|---|---|---|
| Probate | SCPA | 12-24 months | NY estate tax if >$7.35M | Executor/Administrator |
| Will Contest | EPTL § 3-2.1 | 12-24 months+ | Estate frozen during litigation | Court supervision |
| Trust Administration | EPTL Article 7 | Varies | Income tax returns | Trustee duties |
| Estate Tax Return | NY Tax Law § 951 | Due 9 months after death | 3.06-16% rates | Personal liability |
Results may vary based on individual circumstances and estate complexity.
Trust & Estate Experience in New York
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings combined legal experience of over 120 years to estate planning and probate matters. With a focus on New York estate law compliance, the firm assists clients with wills, trusts, probate administration, and estate tax planning throughout Kings County and surrounding areas.
Brooklyn Trust & Estate Lawyer Near You
Our New York location serves clients at Kings County (Brooklyn) courts, accessible via BQE (I-278), Atlantic Avenue, and Flatbush Avenue. We provide trust and estate lawyer services near Brooklyn Courthouse, Barclays Center, DUMBO, and throughout Kings County.
We serve Brooklyn communities 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 estate exceeds 105% of the exemption, the entire estate becomes taxable, 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 and complex administrations often 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, typically ranging from 2-5% depending on the estate size.
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.
What happens if someone contests a will in Brooklyn?
When a will is contested in Brooklyn Surrogate’s Court, the estate is typically frozen during litigation. The court will hear evidence on validity grounds like undue influence or lack of capacity before allowing probate.
Related Trust & Estate Resources
For more information on trust and estate matters in New York:
- New York Trust & Estate Lawyer – Statewide estate planning and probate information
- Albany County Trust & Estate Lawyer – Estate planning in Albany County
- Brooklyn Business Lawyer – Business succession planning in Kings County
- Brooklyn Civil Litigation Lawyer – Estate litigation representation
- Mr. Sris Attorney Profile – Learn more about our founding attorney
- New York Law Location – Our New York office information
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.