Practice Area
Alan Vaitzman, Esq. guides Brooklyn families through every stage of the probate process — from the initial filing to the final distribution — with clarity, efficiency, and compassion.
Brooklyn Probate
When a Brooklyn resident passes away, their estate often must pass through a court proceeding called probate before assets can be distributed to heirs. For estates with a valid will, this means a probate proceeding in Kings County Surrogate's Court to authenticate the will and issue Letters Testamentary to the executor. For estates without a will, it means an administration proceeding to appoint an Administrator and issue Letters of Administration. In either case, the Surrogate's Court oversees the entire process to protect creditors, verify the decedent's legal heirs, and ensure proper distribution.
Kings County Surrogate's Court, located at 2 Johnson Street in Downtown Brooklyn, is one of the busiest surrogate's courts in New York State. Brooklyn's dense population, high volume of real estate transactions, and diverse family structures make Kings County probate proceedings particularly complex. Alan Vaitzman, Esq. has extensive experience practicing in Kings County Surrogate's Court — handling routine probates, contested will proceedings, kinship hearings, fiduciary accountings, and fiduciary litigation. We know the court's procedures, its clerks, and what it takes to move a matter forward efficiently.
One of the most important things families need to understand is that probate is not simply a formality. A Brooklyn estate with real property — a brownstone in Park Slope, a two-family in Flatbush, a condo in Williamsburg — cannot be transferred, sold, or refinanced without going through probate unless the property was previously placed in a trust or held in joint tenancy with right of survivorship. Bank accounts with only one owner are frozen at death until Letters Testamentary or Letters of Administration are issued. This is why delays in filing a probate petition can leave families in financial limbo.
Brooklyn probate proceedings for uncomplicated estates typically take 9-18 months. Estates with contested wills, unknown heirs requiring kinship hearings, creditor disputes, or multi-state real estate can take significantly longer. Our firm works to streamline the process at every stage — promptly gathering required documents, filing complete petitions, proactively communicating with the court, and resolving disputes before they escalate into full litigation. We handle every aspect of the proceeding so that executors and family members can focus on grieving rather than legal paperwork.
We appear regularly in Kings County Surrogate's Court on behalf of executors, administrators, beneficiaries, and objecting parties.
Issued by Kings County Surrogate's Court to an executor named in a will, authorizing them to administer the estate. Required by banks, brokerages, and title companies before they release estate assets.
Issued when there is no will (intestate estate). The court appoints an Administrator — usually the surviving spouse, then adult children — to gather assets and distribute per intestacy statute.
The Surrogate's Court Procedure Act — New York's comprehensive statute governing all probate, administration, and related proceedings in Surrogate's Court, including Kings County.
A proceeding to establish who are the legal heirs when the decedent's family tree is uncertain or disputed. Common in estates with estranged family members or complicated family histories.
Our Services
Complete representation in Kings County Surrogate's Court probate proceedings. We prepare and file the petition for probate, serve process on interested parties, obtain the order admitting the will to probate, and secure issuance of Letters Testamentary — the document that authorizes the executor to act.
When a Brooklyn resident dies without a will, we petition for Letters of Administration, guiding the appointed administrator through New York's intestacy statute (EPTL 4-1.1) to ensure assets are distributed to the correct legal heirs in the correct proportions. We handle bond requirements, surety waivers, and administration accountings.
Comprehensive support for executors and administrators throughout the administration process: identifying and marshaling estate assets, notifying creditors, evaluating and paying or disputing claims, coordinating estate tax filings, managing Brooklyn real estate, and preparing for final distribution to beneficiaries.
Both prosecuting and defending will contests in Kings County Surrogate's Court. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, and forgery. We handle the full contested proceeding from discovery through trial, and often resolve matters through settlement before trial when that is in our client's interest.
Establishing the decedent's legal heirs when family relationships are uncertain, disputed, or require genealogical research. We work with professional genealogists and DNA evidence where necessary to document the family tree and satisfy the Surrogate's Court's requirements for kinship determination.
When a Brooklyn estate qualifies — personal property of $50,000 or less under SCPA Article 13 — we prepare and file the Voluntary Administration affidavit, allowing heirs to collect estate assets quickly without a full probate proceeding. We assess qualification and handle the filing from start to finish.
Many Brooklyn executors are family members with no legal background who face significant fiduciary duties and personal liability. We provide comprehensive executor guidance: explaining duties, identifying risks, managing asset collection, handling creditor notices, coordinating tax filings, and preparing the final accounting required before distribution.
Identifying, evaluating, and managing creditor claims against the estate — including medical bills, mortgages, credit cards, and disputed debts. We ensure claims are handled in the proper priority order under New York law and challenge invalid or inflated claims on behalf of the estate and its beneficiaries.
Preparation and filing of formal judicial accountings in Kings County Surrogate's Court, including informal accountings for family settlements. A proper accounting documents every transaction of the estate, explains all distributions, and obtains court approval releasing the fiduciary from personal liability.
Managing the sale or transfer of Brooklyn real estate as part of the probate or administration process. We coordinate with title companies, real estate agents, and the Surrogate's Court to obtain any necessary court approval for property sales, and we handle the deed preparation and closing documentation.
How It Works
We prepare a complete probate petition or administration petition, gather required supporting documents (death certificate, original will, asset inventories), and file with Kings County Surrogate's Court. A thorough, complete filing avoids costly rejection and re-filing delays.
The court issues process requiring all interested parties — beneficiaries, heirs, and potential creditors — to be notified. We serve process properly and obtain waivers from parties who consent, expediting the court's timeline substantially. Contested matters proceed to a hearing schedule.
Once the court issues Letters Testamentary or Letters of Administration, we guide the executor or administrator through every step: marshaling assets, paying debts and taxes, managing real estate, and keeping accurate records for the final accounting.
We prepare the final accounting — a complete record of every estate transaction — and obtain court approval or beneficiary consent. Once approved, we coordinate the final distribution of assets to all beneficiaries and obtain releases, closing the estate and discharging the fiduciary.
Where We Serve
Our office at 300 Cadman Plaza West is steps from Kings County Surrogate's Court at 2 Johnson Street. We represent executors, administrators, and beneficiaries from every Brooklyn neighborhood, including:
Common Questions
Brooklyn probate is handled exclusively in Kings County Surrogate's Court, located at 2 Johnson Street, Brooklyn, NY 11201. The Surrogate's Court has jurisdiction over all matters relating to the administration of estates of Brooklyn residents and Kings County decedents. It handles probate proceedings, administration proceedings, will contests and objections, kinship hearings, fiduciary accountings, and guardianship proceedings.
Most routine probate hearings at Kings County Surrogate's Court are scheduled weeks to months in advance, and even simple uncontested proceedings take several months from filing to close. Having an experienced Brooklyn probate attorney who practices regularly in Kings County Surrogate's Court is essential to navigating the process efficiently. Our office at 300 Cadman Plz W is located within walking distance of the Surrogate's Court, and we appear there regularly on behalf of our clients.
Probate in Brooklyn's Kings County Surrogate's Court typically takes 9 to 18 months for straightforward, uncontested estates. The timeline begins when the probate petition is filed and ends when the estate is fully distributed and a final accounting is approved. The timeline breaks down roughly as follows: preparing and filing the probate petition (2-4 weeks); court processing and issuance of process (4-8 weeks); waiting period for all interested parties to appear or waive (4-8 weeks); issuance of Letters Testamentary (2-4 weeks after waiver period); estate administration including collecting assets, paying creditors, and filing returns (3-6 months); and final accounting and distribution (2-4 months).
Contested estates involving will challenges, disputed creditor claims, kinship hearings, or fiduciary misconduct can take 2-4 years or longer. Brooklyn's real estate-heavy estates sometimes require additional time due to property sales or re-deeding. An experienced probate attorney can identify opportunities to streamline the process and avoid common procedural delays.
When a Brooklyn resident dies without a will — dying "intestate" — their estate is distributed under New York's intestacy statute, EPTL 4-1.1. The statute creates a strict priority order that may not reflect the decedent's actual wishes. If the decedent was married with children, the spouse receives the first $50,000 plus half of the remaining estate, and the children share the other half equally. Unmarried partners, no matter how long the relationship, inherit nothing under intestacy.
Without a will, Kings County Surrogate's Court appoints an Administrator through an Administration proceeding. For Brooklyn families with significant real estate holdings, an intestate estate can result in co-ownership among multiple heirs who may disagree on what to do with the property — often forcing a costly partition proceeding. A will or trust eliminates all of this uncertainty and ensures your wishes are carried out.
In New York, a will can be contested — formally called filing "objections" — in Kings County Surrogate's Court on several legal grounds: (1) Lack of testamentary capacity — the decedent did not understand the nature of making a will, the extent of their property, or who their natural heirs were, often due to dementia or Alzheimer's; (2) Undue influence — someone exerted improper pressure over the decedent; (3) Fraud — the decedent was deceived about the document's contents; (4) Improper execution — the will was not signed or witnessed in compliance with EPTL 3-2.1; and (5) Forgery.
A will contest begins when an interested party files objections with the Surrogate's Court. The matter may proceed to discovery and ultimately a jury trial if not settled. Will contests are expensive and time-consuming. They can often be avoided with careful estate planning including contemporaneous documentation of testamentary capacity. We represent both proponents defending a will and objectants challenging it in Kings County Surrogate's Court.
New York's small estate affidavit procedure — formally called "Voluntary Administration" under SCPA Article 13 — allows heirs to collect a decedent's assets without a full probate proceeding when the estate qualifies. In New York, the procedure is available when the total value of the decedent's personal property (not real estate) is $50,000 or less.
The process is far simpler and faster than full probate: a Voluntary Administrator files an affidavit with the Kings County Surrogate's Court Clerk and pays a nominal fee, and the court issues a certificate authorizing the administrator to collect assets such as bank accounts and personal property. Real estate cannot be transferred through voluntary administration — that always requires a full probate regardless of value. Many Brooklyn families find that even modest estates exceed the $50,000 threshold due to bank accounts, making full probate necessary. We assess qualification during a free consultation.
An executor is the person named in a will to administer the estate. In Brooklyn, the executor's role begins when Kings County Surrogate's Court issues Letters Testamentary. The executor's fiduciary duties are extensive and carry personal liability for breaches. Key duties include: marshaling all estate assets; notifying creditors and evaluating their claims; filing the decedent's final income tax return and, if required, New York estate tax return and federal estate tax return; maintaining meticulous records; managing assets prudently; distributing to beneficiaries per the will; and preparing a formal accounting if required.
Executors are entitled to a statutory commission under SCPA 2307, calculated as a percentage of the estate value. Many Brooklyn executors are family members with no legal background who face personal liability for errors. Having an experienced probate attorney provides guidance and protection. Call us at (646) 663-5161 for a free consultation if you have been named as an executor in a Brooklyn estate.
We Are Here to Help
Probate in Brooklyn's Kings County Surrogate's Court is rarely simple. Alan Vaitzman, Esq. provides experienced, compassionate guidance for executors, administrators, and families navigating one of the most difficult periods of their lives.
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