Trust & Estate Lawyer in Kings County (Brooklyn), NY
New York Trust & Estate Law
New York trust and estate law involves creating legally binding documents to manage assets during life and after death, and handling the Surrogate’s Court for probate and administration. Key statutes include the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA).
Last verified: March 2026 | Kings County Supreme Court | New York State Legislature
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s combined attorney experience exceeds 120 years.
Official Legal Resources
For the official text of New York estate law, refer to the New York State Legislature website (official EPTL and SCPA statutes). For court procedures and forms in Kings County, visit the Kings County Supreme Court official website.
Estate Planning & Probate Process in Brooklyn
The key local procedural fact is that wills are probated through the Kings County Surrogate’s Court. An executor or administrator is appointed, and a citation is issued to all interested parties. A formal inventory and accounting of the estate is required by the court.
- Initial Consultation & Document Review: Gather all existing estate planning documents, asset lists, and beneficiary information.
- Petition Filing with Surrogate’s Court: File the petition for probate (if there is a will) or letters of administration (if no will) at the Kings County Supreme Court building.
- Executor/Administrator Appointment: The court issues letters testamentary or letters of administration, granting fiduciary authority.
- Estate Administration: Notify creditors, manage assets, pay valid debts and taxes, and prepare the estate tax return if required.
- Final Distribution & Accounting: File a final accounting with the court and distribute remaining assets to the rightful beneficiaries.
- Estate Closing: Obtain a receipt and release from beneficiaries and file a closing statement with the Surrogate’s Court.
Penalties & Consequences
In Kings County (Brooklyn), failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal as executor, and personal liability. New York estate tax applies a 3.06% to 16% rate on taxable estates exceeding the $6.94 million exemption.
| Issue | Classification | Potential Liability | Court Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate assets frozen during litigation | Extended probate timeline (12-24+ months) |
| Breach of Fiduciary Duty | SCPA Article 22 | Surcharge (monetary penalty), removal as fiduciary | Court supervision, potential personal liability |
| NY Estate Tax Non-Payment | Tax Law § 951 et seq. | Tax on entire estate plus interest/penalties | Tax lien on estate assets, collection action |
| Intestacy (No Will) | EPTL Article 4 | Assets distributed by statutory formula, not personal wishes | Administration required, potential family disputes |
Results may vary. Outcomes depend on specific facts, applicable law, and court decisions.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997. The firm’s attorneys have over 120 years of combined legal experience. We maintain a focus on precise, case-specific representation for trust and estate matters. Global advocacy. Local precision.
Documented Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in Brooklyn
Our New York location serves clients at Kings County (Brooklyn) courts. We are accessible via major routes including the BQE (I-278), Atlantic Ave, and Flatbush Ave. Trust & Estate lawyer near Kings County (Brooklyn) and the surrounding neighborhoods.
We serve clients in Downtown Brooklyn, 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. Crucially, New York has a “cliff” effect: if the taxable estate exceeds 105% of the exemption ($7,287,000), the entire estate is taxed, not just the amount over the limit.
How long does probate take in Kings County Surrogate’s Court?
Probate typically takes 12 to 24 months in Kings County. A small estate affidavit (for estates under $50,000) can expedite the process. Will contests or disputes among heirs can extend the timeline significantly.
What happens if I die without a will in New York?
You die “intestate.” New York’s Estates, Powers and Trusts Law (EPTL) dictates how your assets are distributed, which may not match your wishes. A court-appointed administrator handles the estate, which can lead to delays and family conflict.
What is the executor’s commission in New York?
Executor commissions are statutory under SCPA § 2307. The rate is: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on amounts above $5,000,000.
When is the New York estate tax return due?
The New York estate tax return (Form ET-706) 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 Services
For more information, see our New York Trust & Estate Lawyer hub page. We also serve neighboring areas including Albany County and Broome County. In Kings County (Brooklyn), we handle other matters such as business law and civil litigation. Learn more about Mr. Sris or our New York location.
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.