Trust & Estate Lawyer in Kings County (Brooklyn), NY
In Kings County (Brooklyn), estate planning and probate are governed by New York 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, and estate administration. The firm has 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC. Call (888) 437-7747 for a consultation by appointment.
New York Trust & Estate Law
New York estate law is codified in the Estates, Powers and Trusts Law (EPTL), which defines wills, trusts, and powers of appointment. The Surrogate’s Court Procedure Act (SCPA) governs probate and administration proceedings in Kings County Surrogate’s Court. New York imposes an estate tax on estates exceeding $6.94 million (NY Tax Law § 951 et seq.), with a “cliff” effect where the entire estate is taxed if it exceeds 105% of the exemption.
Last verified: March 2026 | Kings County Supreme Court | New York State Legislature
Official New York Legal Resources
For the full text of New York estate statutes, refer to the New York State Legislature website (official EPTL and SCPA). For court procedures and forms, visit the Kings County Supreme Court website (official .gov domain).
Estate Process in Kings County Surrogate’s Court
Wills are probated through the Kings County Surrogate’s Court. The court appoints an executor or administrator. A citation is issued to all interested parties. An inventory and accounting of the estate assets is required by law. Trust administration follows the terms of the trust instrument and EPTL.
- File the original will and death certificate with the Surrogate’s Court.
- Petition for probate (if there is a will) or letters of administration (if no will).
- The court issues citations to heirs and beneficiaries, providing them notice.
- The appointed fiduciary (executor/administrator) files an inventory of estate assets.
- The fiduciary manages the estate, pays debts and taxes, and distributes remaining assets.
- File a final accounting with the court for approval before closing the estate.
Consequences of Estate Planning Errors
In Kings County, failure to properly plan or administer an estate can lead to will contests, estate freezes, fiduciary surcharges, and significant New York estate tax liability.
| Issue | Classification | Court Action | Financial Impact | Estate Impact | Additional Consequences |
|---|---|---|---|---|---|
| Will Contest | SCPA Proceeding | Estate Frozen During Litigation | Legal Fees | Distribution Delayed | Family Discord |
| Breach of Fiduciary Duty | SCPA § 719 | Surcharge, Removal of Fiduciary | Personal Liability | Estate Depletion | Court Supervision |
| NY Estate Tax Non-Filing | Tax Law § 954 | Penalties & Interest | Tax on Entire Estate (Cliff) | Reduced Inheritance | Tax Lien on Assets |
| Intestacy (No Will) | EPTL § 4-1.1 | Administration Proceeding | Statutory Fees | Assets Distributed by Law | Potential Unintended Heirs |
Results may vary. Each estate matter depends on specific facts and court interpretation.
Firm Credentials in Estate Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to estate planning and probate matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to New York estate law.
Documented Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Trust & Estate Lawyer Near Kings County (Brooklyn)
Our New York location serves clients at Kings County (Brooklyn) courts, accessible via the BQE (I-278), Atlantic Ave, and Flatbush Ave. We represent clients in 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.
Phone: (888) 437-7747 | Local: (703) 636-5417
Frequently Asked Questions
What is the New York estate tax exemption for 2026?
The New York estate tax exemption is $6.94 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 (NY Tax Law § 951).
How long does probate take in Kings County Surrogate’s Court?
Probate typically takes 12 to 24 months in Kings County. The timeline depends on estate complexity, asset location, and whether any interested parties file objections. Estates under $50,000 may use a small estate affidavit for faster processing.
What happens if I die without a will in New York?
If you die intestate (without a will), New York law (EPTL § 4-1.1) determines how your assets are distributed. Your spouse and children are primary heirs. The Surrogate’s Court will appoint an administrator, which can lead to delays and higher costs than with a will.
Can an executor be removed in New York?
Yes. Under SCPA § 719, an executor can be removed for breach of fiduciary duty, waste of estate assets, or failure to perform their duties. The court may also surcharge (financially penalize) the executor for losses caused to the estate.
What is the difference between a revocable and irrevocable trust?
A revocable trust can be changed or revoked by the grantor during their lifetime and offers no direct tax benefits. An irrevocable trust generally cannot be changed and can remove assets from your taxable estate, potentially saving on New York estate tax.
Related Legal Services
For more information, visit our New York Trust & Estate Lawyer hub page. We also serve neighboring areas like Albany County. In Kings County, we handle other matters including business law and civil litigation. Learn more about Mr. Sris or our New York location.
Last verification: 2026-02-20. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.