The Brooklyn Surrogates

Role of the Surrogate

A Surrogate is a judge of New York's Surrogate's Court — a specialized court that handles matters related to the estates of deceased persons. This includes probating wills, administering intestate estates, guardianship of minors who inherit property, and adoptions.

In most New York counties, there is a single Surrogate. Kings County (Brooklyn) — one of the most populous counties in the state — is served by two Surrogates. Surrogates in New York are elected and serve 14-year terms.

Hon. Rosemarie Montalbano

Education

• B.A.— St. John's University
• J.D. — Western New England University School of Law

Judicial Career

Before becoming Surrogate, Judge Montalbano served at multiple levels of the New York judiciary. She was elected to the New York City Civil Court in 2014 and then elected to the Kings County Supreme Court in 2019.

Background

Judge Montalbano was born and raised in Bushwick, Brooklyn. She is the daughter of immigrants and through much of her childhood and while attending college and law school, she helped run her father's deli. That experience led her to pursue housing advocacy and consumer protection work, where she saw firsthand how vulnerable community members were taken advantage of by predatory lenders.

Hon. Bernard J. Graham

Education

• High school — Stuyvesant High School
• B.A. — State University of New York at Stony Brook (1981)
• J.D. — Brooklyn Law School (1985)

Judicial Career

Judge Graham has served at multiple levels of the New York judiciary. He was elected as Kings County Civil Court Judge in 2005, then moved to Brooklyn Family Court in 2008, where he presided over domestic violence cases and trials of custody and visitation. In 2011, he was appointed as an Acting Supreme Court Justice and then elected to the Kings County Supreme Court in 2013, where he presided over the Commercial Foreclosure Part, the Mental Hygiene Part, and the dedicated Medical Malpractice Part. He served as Acting Surrogate from January 2023 before winning election and being formally sworn in on January 10, 2024 at Brooklyn Law School.

Before the Bench

Before joining the judiciary, Judge Graham was born and raised in Brooklyn. He practiced real estate development, co-op, and condominium law at Certilman Haft Lebow Balin Buckley & Kremer. In 1989, he became a partner at Graham & Graham with his mother, Nancy Graham.

Court Calendar

Kings County Surrogate's Court matters are distributed between the two Surrogates. Surrogate Montalbano's process calendar is held on Tuesdays at 10:00 AM. For up-to-date calendar information for both Surrogates, contact the court directly.

Court phone: (347) 404-9700

Address: 2 Johnson Street, Brooklyn, NY 11201

Recent History

Before the current Surrogates, Kings County was served by Hon. Margarita López Torres, who was the first woman and first Latino/a person elected as Surrogate in Kings County (and the first Latina Surrogate in New York State). She was first elected in 2007 and served until her mandatory retirement at the end of 2021, in accordance with New York State law requiring judges to retire at age 70. Her 2007 election was notable as an upset victory against the county Democratic Party organization, and a related legal challenge to her candidacy — New York State Board of Elections v. López Torres — reached the United States Supreme Court in 2008.

Hon. Harriet L. Thompson served as the county's second Surrogate but was suspended in 2022. Judge Bernard Graham was appointed as Acting Surrogate in January 2023 and subsequently won election in November 2023.

Frequently Asked Questions

What does a Surrogate judge do?

A Surrogate presides over all matters related to the estates of deceased persons, including probating wills, administering intestate estates, guardianship of minors who inherit property, adoptions, and disputes between heirs. The Surrogate has the final say on matters like who is appointed executor or administrator, whether a will is valid, and how assets are distributed.

Why does Brooklyn have two Surrogates?

Most New York counties have a single Surrogate. However, counties with higher caseloads may have more than one. Kings County (Brooklyn) is one of the most populous counties in New York, and the volume of estate matters justifies two Surrogates.

Can I choose which Surrogate hears my case?

No. Cases are assigned by the court. You cannot select which Surrogate will preside over your matter.

How are Surrogates elected in New York?

Surrogates in New York are elected by popular vote and serve 14-year terms. They are judicial officers — not appointed.