Question 1

What is Surrogate's Court?

Accepted Answer

Surrogate's Court is a special court in New York that handles matters related to the estates of deceased persons. This includes probating wills, appointing administrators for estates without wills, appointing guardians for minors who inherit property, and overseeing the distribution of assets. Each county in New York has its own Surrogate's Court. The Kings County Surrogate's Court is located at 2 Johnson Street, Room 319, Brooklyn, NY 11201.

Question 2

What is the difference between probate and administration?

Accepted Answer

Probate is the process used when the deceased person left a valid will. The court validates the will and appoints the named Executor. Administration is the process used when there is NO will (intestate). The court appoints an Administrator — usually the closest living relative — according to a priority order set by law (SCPA §1001): surviving spouse first, then children, then grandchildren, and so on.

Question 3

Do I need a lawyer to file in Surrogate's Court?

Accepted Answer

No — New York law allows you to file pro se (without an attorney). However, estate proceedings involve complex legal forms and strict procedures. Errors can cause costly delays. Many people at least consult with an attorney for the initial filing, even if they handle the rest themselves. For voluntary administration (small estates under $50,000), the process is simple enough that most people can handle it without legal help.

Question 4

How long does probate take in Brooklyn (Kings County)?

Accepted Answer

A straightforward, uncontested probate typically takes 4 to 8 months. If all beneficiaries sign waivers (agree to skip citation service), it can be as fast as 3–5 months. If the will is contested, the process can take 1–3+ years. Administration (no will) takes a similar timeframe. The biggest factors affecting speed are: whether all parties sign waivers, whether there are any missing heirs, and whether estate taxes are involved.

Question 5

What happens if someone dies without a will in New York?

Accepted Answer

When someone dies without a will (intestate), their assets are distributed according to New York's intestacy laws (EPTL 4-1.1). The priority is: (1) if there's a surviving spouse and children, the spouse gets the first $50,000 plus half the remaining estate; (2) if there's only a spouse, they get everything; (3) if there are only children, they split everything equally; (4) if there's no spouse or children, assets go to parents, then siblings, then more distant relatives. Someone must petition the court for Letters of Administration to manage and distribute the estate.

Question 6

What are Letters Testamentary? What are Letters of Administration?

Accepted Answer

These are official court documents that give a person legal authority to act on behalf of an estate. Letters Testamentary are issued to the Executor named in a will (after probate). Letters of Administration are issued to an Administrator appointed by the court (when there is no will). Both types of letters allow the holder to access bank accounts, manage property, pay debts, and distribute assets. Banks and other institutions require certified copies of these letters before releasing funds.

Question 7

What does 'restricted as to real property' mean?

Accepted Answer

When the court issues Letters of Administration, they are sometimes issued with a restriction that prevents the administrator from selling real estate. This is common when the estate includes a house or other real property. To sell the property, the administrator must file a separate Petition to Remove Restrictions on Letters. This typically requires notice to all interested parties and, if a sale is pending, an Affirmation of Urgency to expedite the court's decision.

Question 8

Can I probate a will years after someone died?

Accepted Answer

Yes. There is no statute of limitations on probating a will in New York. In one New York case (Estate of Bonito), an estate was opened 19 years after the decedent's death. While delays make the process more complicated — assets may have been informally distributed, witnesses may be harder to locate, and records may be lost — it is never too late to probate a valid will.

Question 9

What is a citation in Surrogate's Court?

Accepted Answer

A citation is a legal notice issued by the court that informs interested parties (heirs, beneficiaries) about a pending proceeding and gives them the opportunity to respond. If you receive a citation, it means someone has filed a petition that may affect your rights in an estate. You typically have a set number of days to appear or respond. Receiving a citation does not mean you are in trouble — it is standard procedure in estate cases. You should read it carefully and consider consulting an attorney.

Question 10

What is the ET-85 form?

Accepted Answer

ET-85 is the New York State Estate Tax Certification. Its permitted uses depend on estate-tax filing requirements, appointment of an executor or administrator, and time since death. It does not have a universal nine-month deadline and does not replace a required estate tax return. Use the official ET-85 instructions and the Tax Department’s lien-release form-selection chart linked below.

Question 11

What is the ET-117 and why does it take so long?

Accepted Answer

ET-117 is the form used to request release of an estate-tax lien on real property or a cooperative apartment. It is submitted with supporting documents and the applicable companion form. Check the Tax Department’s current processing estimate and filing instructions linked below; timing depends on a complete application and is not guaranteed.

Question 12

What is the $50,000 small estate threshold?

Accepted Answer

New York allows a simplified process called 'voluntary administration' for estates with $50,000 or less in personal property and no real estate. This is faster and cheaper than full probate or administration. The $50,000 threshold is based on the gross value of personal property (before debts). Jointly held assets, beneficiary-designated accounts, and real property owned with right of survivorship do not count toward this limit.

Question 13

How much does it cost to file in Surrogate's Court?

Accepted Answer

Filing fees range from $45 (estates under $10,000) to $1,250 (estates $500,000 and over). A Certificate of Letters costs $6 each. A petition to compel an accounting is typically $30. Attorney fees are separate. See our full Surrogate's Court filing fees guide for the complete schedule, additional court costs, and contested-proceeding fees.

Question 14

What is guardianship of a minor in Surrogate's Court?

Accepted Answer

When a minor (under 18) inherits money or property, a guardian must be appointed by the court to manage those assets until the child reaches adulthood. The guardian is responsible for protecting the child's financial interests. This requires filing a petition (G-2B form), completing background checks (OCFS-3909 form), and fingerprinting through IdentoGO. The court may require the guardian to post a bond or may order that funds be deposited with the court under joint control.

Question 15

Is this website affiliated with the court?

Accepted Answer

No. This is an independent public resource created to help families navigate the Surrogate's Court process. We are not affiliated with, endorsed by, or operated by the Kings County Surrogate's Court or the New York State Unified Court System. For official court information, visit the court's website at nycourts.gov or call (347) 404-9700.

Kings County Surrogate's Court FAQ — Brooklyn

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