Trust & Estate Lawyer in Kings County (Brooklyn), NY
New York Trust & Estate Law
New York trust and estate law involves creating legally valid documents to manage assets during life and distribute them after death, while minimizing taxes and avoiding probate disputes. Key statutes include the NY Estates, Powers and Trusts Law (EPTL) for wills and trusts, the Surrogate’s Court Procedure Act (SCPA) for court proceedings, and NY Tax Law § 951 et seq. for estate taxes.
Last verified: March 2026 | Kings County Supreme Court | New York State Legislature
Official New York Legal Resources
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. Estate administration follows strict statutory timelines.
- File the original will and petition for probate with Kings County Surrogate’s Court with the required filing fee.
- The court issues citations to all heirs, beneficiaries, and creditors, who have limited time to file objections.
- If no objections, the court appoints the executor (from will) or administrator (if no will) and issues letters testamentary.
- The executor must inventory all assets, pay valid debts, and file NY estate tax returns within 9 months of death.
- After debts and taxes are paid, distribute remaining assets to beneficiaries and file final accounting with the court.
Penalties and Consequences
In Kings County (Brooklyn), trust and estate matters carry significant financial consequences: NY estate tax rates of 3.06-16% on taxable estates, executor surcharges for breaches of duty, and will contests that freeze estate distributions for 12-24 months.
| Issue | Classification | Financial Impact | Timeline Impact |
|---|---|---|---|
| NY Estate Tax | Tax Law § 951 et seq. | 3.06% – 16% on taxable estate | Return due 9 months after death |
| Will Contest | EPTL § 3-2.1 | Estate frozen during litigation | 12-24 months additional |
| Breach of Fiduciary Duty | SCPA § 2307 | Surcharge, removal, personal liability | Varies by case complexity |
| Probate Filing | SCPA § 2307 | Fee based on estate value | 12-24 months standard |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings 120+ years of combined attorney experience to trust and estate matters. Our approach: global advocacy, local precision. We focus on the specific procedures of Kings County Surrogate’s Court and New York’s unique estate tax laws.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case 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 BQE (I-278), Atlantic Ave, and Flatbush Ave. We represent clients throughout 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’ — if the 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 this timeline.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rate is graduated based on the estate value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and 2.5% on amounts over $1 million.
What happens if someone contests a will in Brooklyn?
If a will is contested in Brooklyn Surrogate’s Court, the estate is frozen during litigation. The court will hear objections based on lack of capacity, undue influence, fraud, or improper execution. Proceedings can last 12-24 months.
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 requested, but interest accrues on any unpaid tax from the original due date.
Related Legal Services
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.