Trust & Estate Lawyer in Kings County (Brooklyn), NY
New York Trust & Estate Law
New York estate law establishes procedures for transferring property after death through wills, trusts, or intestate succession. The Surrogate’s Court oversees probate and administration proceedings. Key statutes include EPTL Article 3 for wills, EPTL Article 7 for trusts, and SCPA for court procedures. New York imposes an estate tax on estates exceeding $6.94 million (Tax Law § 951 et seq.) with rates from 3.06% to 16%.
Last verified: March 2026 | Kings County Supreme Court | NY Senate legislation website
Official New York Legal Resources
Brooklyn Surrogate’s Court Procedures
Wills are probated through Kings County Surrogate’s Court at 360 Adams Street. The court appoints executors or administrators and oversees estate administration. Citations must be issued to all interested parties before assets can be distributed.
- File the petition with Surrogate’s Court
- Serve citations to interested parties
- Appoint executor or administrator
- Inventory estate assets
- Pay debts and taxes
- Distribute remaining assets
Trust & Estate Penalties and Consequences
In Kings County (Brooklyn), estate administration errors can lead to surcharges, removal as fiduciary, and personal liability for estate losses.
| Issue | Classification | Court Action | Financial Impact | Additional Consequences |
|---|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate frozen during litigation | Legal fees from estate | Delay distribution 12-24 months |
| Breach of Fiduciary Duty | SCPA § 711 proceeding | Removal as executor/administrator | Surcharge for losses + interest | Personal liability for damages |
| NY Estate Tax Non-Compliance | Tax Law § 954 | Tax assessment + penalties | Tax on entire estate (cliff effect) | Interest accrues from due date |
| Missed Filing Deadlines | Court sanctions | Citation for contempt | Fines up to $1,000 | Delay in letters testamentary |
Results may vary. Each estate matter has unique facts that affect outcomes.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has 120+ years of combined attorney experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our approach: Global advocacy. Local precision.
Case Results
Law Offices Of SRIS, P.C. has 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.
Brooklyn Trust & Estate Lawyer Near You
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 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 NY 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 calculated on a sliding scale based on the estate value, typically ranging from 2% to 5% of the estate assets.
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.
What happens if someone contests a will in Brooklyn?
If a will is contested in Brooklyn Surrogate’s Court, the estate is typically frozen during litigation. The court will hear objections regarding testamentary capacity, undue influence, or improper execution before admitting the will to probate.
Related Legal Services
- New York Trust & Estate Lawyer — State hub page
- Albany County Trust & Estate Lawyer — Nearby locality
- Brooklyn Business Lawyer — Same locality, different practice area
- Mr. Sris Attorney Profile
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.