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Kings County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Kings County Surrogate's Court, serving the borough of Brooklyn |
| Courthouse | Kings County Surrogate's Courthouse, 2 Johnson Street, Brooklyn, NY 11201 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 2 Johnson Street; filings are taken by department, including the Probate Department for estates with a will and the Administration Department and Small Estates for estates without a will |
| Phone | General line and Law Department (347) 404-9700; Probate Department (347) 404-9670; Administration Department and Small Estates (347) 404-9690; Accounting (347) 404-9685; Guardianship and Adoption (347) 404-9664; Miscellaneous (347) 404-9680; Cashier (347) 404-9730; Records (347) 404-9710 |
| Hours | Monday, Tuesday, Thursday, and Friday, 9:00 a.m. to 4:45 p.m., closed for lunch 1:00 p.m. to 2:00 p.m.; Wednesday, 9:00 a.m. to 12:00 noon; the Cashier window closes earlier, at 3:45 p.m. on full court days; closed weekends and court holidays |
| [email protected] for the Chief Clerk's office; the court publishes a direct email for each department on its Departments page | |
| Filing fee | Set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more; $1 for a small estate handled by voluntary administration (SCPA Article 13, SCPA 1304). Uniform in every county (SCPA 2402, uniform statewide, verified July 2026) |
| Local forms | New York uses one statewide set of official Surrogate's Court forms in every county, including Form P-1 (Petition for Probate) and Form A-1 (Petition for Letters of Administration); the small estate document is the Affidavit of Voluntary Administration. There is no Kings County only form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory for attorneys in the Kings County Surrogate's Court, effective June 30, 2026, as part of the expansion of mandatory Surrogate's Court e-filing to the Bronx, Kings, Queens, and Richmond County Surrogate's Courts; it applies to new probate, administration, and related miscellaneous proceedings (NYSCEF Authorized Courts list, nycourts.gov/efile, verified July 2026). A self-represented (pro se) filer is not required to e-file and may file on paper, in person or by mail. E-filing had been available on a consensual basis in the court since June 1, 2020 |
| Case search | WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov (coverage varies by county); e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch |
| Remote appearance | The court publishes virtual appearance and calendar information on its nycourts.gov page; confirm the format for your proceeding with the assigned Surrogate's part |
| Website | https://www.nycourts.gov/courts/2nd-judicial-district/kings-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Kings County misstep is filing before you know what the estate holds and which proceeding fits. New York has three ordinary paths: a probate proceeding when there is a will (Surrogate's Court Procedure Act, SCPA, Article 14), an administration proceeding when there is no will (SCPA Article 10), and voluntary administration for a qualifying small estate (SCPA Article 13, SCPA 1301). Which one applies turns on whether there is a will and on the value and type of the assets; the statewide thresholds are covered on the New York state page. A Brooklyn home or cooperative held jointly, or a beneficiary-designated account, often passes outside the estate, so the estate that actually goes through the Surrogate's Court can be smaller than the family expects.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, cooperative or condominium interest, and parcel of Brooklyn real estate, along with every debt, and identify each distributee (the decedent's heirs at law) by name. Only then can you pick the right proceeding, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Kings County Surrogate's Court serves the borough of Brooklyn, which is coextensive with Kings County. Every Brooklyn probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court, 2 Johnson Street. Under New York's venue rule, the proper county is the one where the decedent was domiciled at death (SCPA 205); for a decedent who was not a New York domiciliary but left property in the state, venue lies where the property is located (SCPA 206), which is the basis for an ancillary proceeding. The court accepts filings for decedents who resided in Kings County, or who left property here, so the estate of a Brooklyn resident, or one holding Brooklyn real property, is filed at this courthouse.
Kings County is one of the busiest Surrogate's Court dockets in the state and one of the counties, along with New York County (Manhattan), with two sitting Surrogates. The Surrogates are elected and change over time, so this page refers to the Surrogate's Court and the assigned part rather than to the sitting judges. The court runs dedicated departments that take filings by proceeding type and publishes its own e-filing protocol and part rules on its nycourts.gov page.
The jurisdiction process
- Confirm venue. The Kings County Surrogate's Court is the right court when the decedent was domiciled in Kings County (Brooklyn) at death (SCPA 205). The court accepts filings for decedents who resided in Kings County or who left property here; an out-of-state will already admitted elsewhere is handled by an ancillary proceeding (SCPA 206).
- Search first. Before opening a matter, run an inquiry on the decedent's last name (with the first initial) to see whether a file is already open and whether another will is on file for safekeeping, because the court's numbering system makes a search by file number alone unreliable. The court asks that you not call to ask whether a proceeding has already been filed.
- Choose the proceeding and the form. With a will, the named executor files Form P-1, the petition for probate, and the court issues Letters Testamentary (SCPA Article 14). With no will, a distributee files Form A-1, the petition for letters of administration, and the court issues Letters of Administration to the administrator; priority to serve is set by SCPA 1001 (SCPA Article 10). A qualifying small estate uses the Affidavit of Voluntary Administration (SCPA Article 13, SCPA 1301). The statewide thresholds are on the New York state page.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the distributees. Notice is given either by their signed waivers and consents or by a citation the court issues.
- File with the Surrogate's Court. A will goes to the Probate Department (347) 404-9670; a no-will estate goes to the Administration Department and Small Estates (347) 404-9690. Attorneys must e-file through NYSCEF (mandatory in this court since June 30, 2026); a self-represented filer may e-file where permitted or file on paper, in person or by mail, at 2 Johnson Street. If you e-file, the original will must be scanned without being unstapled and then mailed to the court within two business days, and the original death certificate must be filed within two business days.
- Pay the filing fee. The fee is set by statute on a sliding scale keyed to the estate's value, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more (SCPA 2402, uniform statewide, verified July 2026); a small estate handled by voluntary administration is $1 (SCPA 1304). Pay by credit card through NYSCEF or at the Cashier (347) 404-9730, whose window closes at 3:45 p.m. on full court days and at 12:00 noon on Wednesday; if you pay at the court, the filing is not complete until payment is received in full.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation, which in an e-filed case is uploaded through NYSCEF and completed by the court; once the court posts the completed citation, print and serve it in accordance with the SCPA, with a Notice Regarding Availability of Electronic Filing.
- Attend if a hearing is set. An uncontested probate or administration is often decided on the papers; a contested matter, such as an objection to probate (SCPA 1410), is heard by the assigned Surrogate's part. The court publishes virtual appearance and calendar information; confirm the format and date with the assigned part.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate). A certified copy of the letters is the proof banks and transfer agents rely on; letters and certificates are returned to the filer in a prepaid self-addressed stamped envelope, so include one with adequate postage.
- Administer and close. Collect the assets, address creditor claims (a fiduciary who distributes more than seven months after letters were issued is protected against claims that were not presented within that seven-month window (SCPA 1802)), account to the interested parties, and distribute.
Forms and documents
Probate forms in Kings County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Kings County as in every other county's Surrogate's Court; there is no separate Kings County form set. The load-bearing filings are Form P-1, the Petition for Probate, used when there is a will, and Form A-1, the Petition for Letters of Administration, used when there is no will. A qualifying small estate is filed on the Affidavit of Voluntary Administration, also called the small estate affidavit. Common companions include the notice of probate, waivers and consents, and the affidavits of attesting witnesses.
The official forms are published on the statewide Surrogate's Court forms hub at nycourts.gov/surrogates-court-forms and, for the five boroughs, the New York City Surrogate's Court forms page. Self-represented filers can also use the New York CourtHelp Do-It-Yourself (DIY) Form programs; the Small Estate DIY program builds a completed Affidavit of Voluntary Administration for a qualifying estate.
Kings County takes these forms at the Probate Department counter for a will or the Administration Department and Small Estates counter for a no-will estate, through NYSCEF (which attorneys must use), or by mail. The original will is not left to an upload alone: if you e-file, scan the will without unstapling it and mail the original paper will to the court within two business days, and file the original death certificate within two business days.
Local nuance
Kings County-specific considerations
Two Surrogates and a high-volume Brooklyn docket. Kings County has two Surrogates, as does New York County (Manhattan), and it carries one of the busiest probate and administration dockets in the state. The Surrogates are elected and change over time, so this page refers to the Surrogate's Court and the assigned part rather than to the sitting judges; a contested matter is heard by the assigned part.
E-filing is now mandatory for attorneys. NYSCEF e-filing became mandatory for attorneys in the Kings County Surrogate's Court on June 30, 2026, as part of the expansion of mandatory Surrogate's Court e-filing to the Bronx, Kings, Queens, and Richmond County Surrogate's Courts. It applies to new probate, administration, and related miscellaneous proceedings; the court had allowed e-filing on a consensual basis since June 1, 2020. A self-represented filer is not required to e-file and may file on paper, in person or by mail. Confirm the current status on the NYSCEF Authorized Courts list at nycourts.gov/efile.
Original wills and death certificates travel on paper. Even when a proceeding is e-filed, the original will must be scanned without being unstapled and then mailed to the court within two business days, and the original death certificate must be filed within two business days. Court-issued letters and certificates are returned to the filer by mail, so the court requires a prepaid self-addressed stamped envelope with adequate postage; it will not mail documents back without one.
Filings are routed by department. The court takes filings by proceeding type: the Probate Department (347) 404-9670 for estates with a will, the Administration Department and Small Estates (347) 404-9690 for estates without a will, the Accounting Department (347) 404-9685, the Guardianship and Adoption Department (347) 404-9664, and the Miscellaneous Department (347) 404-9680. Each department publishes its own email on the court's Departments page, and the court's e-filing protocol lists [email protected] for questions about e-filed submissions. Send each filing to the department that handles it.
The public counters keep an unusual schedule. The Kings County Surrogate's Court is open to the public Monday, Tuesday, Thursday, and Friday from 9:00 a.m. to 4:45 p.m., and it closes for lunch from 1:00 p.m. to 2:00 p.m. On Wednesday it is open only from 9:00 a.m. to 12:00 noon. The Cashier window keeps shorter hours and closes at 3:45 p.m. on full court days, so pay fees before then. Plan a counter visit around the lunch closure, the Cashier cutoff, and the Wednesday half day.
A search-first, records-driven practice. Because a search by file number alone is unreliable, the court asks filers to search the decedent's last name before opening a matter and to contact the court to confirm whether a will is on file for safekeeping. To order a record search or a certified copy, reach Records at (347) 404-9710 and the Cashier at (347) 404-9730.
Recent updates
| Date | Change |
|---|---|
| June 30, 2026 | NYSCEF e-filing became mandatory for attorneys in the Kings County Surrogate's Court, as part of the expansion of mandatory Surrogate's Court e-filing to the Bronx, Kings, Queens, and Richmond County Surrogate's Courts. Self-represented filers may still file on paper (NYSCEF Authorized Courts list, nycourts.gov/efile, verified July 2026) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Kings County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Brooklyn home or cooperative held by the spouses jointly with right of survivorship, or as tenants by the entirety, generally passes to the surviving spouse outside the estate; the survivor records or presents the death certificate to transfer title. Accounts and property in the decedent's sole name may still need a probate proceeding (Form P-1) if there is a will, or an administration proceeding (Form A-1) if there is not, filed at the Kings County Surrogate's Court. | Asset discovery to separate what passed outside the estate from what did not. Packet generation for the P-1 or A-1 petition and the notice and consent forms. A vetted Brooklyn probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Brooklyn and left a qualifying small estate of limited personal property, the child can use voluntary administration (SCPA Article 13, SCPA 1301) on the Affidavit of Voluntary Administration for a $1 filing fee (SCPA 1304), and the CourtHelp DIY Small Estate program builds the form. A self-represented filer can e-file through NYSCEF or file on paper by mail, often without traveling to Brooklyn. A larger estate is filed as an administration proceeding (Form A-1); an attorney handling it must e-file. | Asset discovery to confirm the estate fits the small estate path and holds no solely owned real property. Packet generation for the Affidavit of Voluntary Administration or the A-1 petition, formatted for NYSCEF. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | An administration proceeding at the Kings County Surrogate's Court. Because there is no will, the parent petitions for letters of administration (Form A-1), with priority among distributees set by SCPA 1001, and the court issues Letters of Administration. The administrator then obtains the authority needed to sell the child's Brooklyn real property before the deed can transfer, and a contested step is heard by the assigned Surrogate's part. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Brooklyn probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Kings County Surrogate's Court (nycourts.gov/courts/2nd-judicial-district/kings-county-surrogates-court) | The court's own page: address, hours, department contacts, fees, forms, part rules, and virtual appearance and calendar information |
| Kings County Surrogate's Court Help Center, 2 Johnson Street, (347) 401-9090 | The court's on-site help center; open Monday, Tuesday, and Thursday 9:00 a.m. to 4:00 p.m. with a 1:00 to 2:00 p.m. lunch closure, Wednesday to 12:00 noon, and Friday to 1:00 p.m. |
| New York CourtHelp, When Someone Dies (nycourts.gov/courthelp/WhenSomeoneDies/overview.shtml and /probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates |
| New York CourtHelp DIY Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A free guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| Statewide Surrogate's Court forms (nycourts.gov/surrogates-court-forms) | The official statewide forms, including Form P-1 and Form A-1, plus the New York City Surrogate's Court forms page for the five boroughs |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
| Volunteers of Legal Service and NYLAG (volsprobono.org; nylag.org) | Free civil legal help for income-eligible New York City residents, including Brooklyn, on estate and probate matters |
| Supreme Court Law Library, Brooklyn (nycourts.gov/courts/2nd-judicial-district/supreme-court-library-brooklyn) | The Kings County public law library, for statutes, forms, and legal research |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Brooklyn estates are handled with the statewide forms and the DIY Small Estate program. Counsel makes sense when the will is contested or an interested party files objections to probate (SCPA 1410); when the estate is large, taxable, or holds a business interest or out-of-state property; when Brooklyn real property, a cooperative, or a condominium must be sold; when the heirs are unknown or hard to prove and a kinship question arises; or when the fiduciary faces a dispute over accounting or removal. Because e-filing is now mandatory for attorneys in this court, counsel who appears must file through NYSCEF. Sunset can connect families to a vetted Brooklyn probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Brooklyn real estate and cooperative interests, business interests, and unclaimed property, so you know the estate's value for estate settlement and can pick the right New York proceeding before you file.
Generate the probate packet. Sunset assembles the Kings County filing: the petition for probate (Form P-1) or letters of administration (Form A-1), or the Affidavit of Voluntary Administration for a small estate, with the notice and consent forms, formatted for NYSCEF or for the Probate or Administration Department counter at 2 Johnson Street.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Brooklyn probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Kings County (Brooklyn)?
With the Kings County Surrogate's Court, at the office of the Chief Clerk in the Kings County Surrogate's Courthouse, 2 Johnson Street, Brooklyn, NY 11201. A will goes to the Probate Department at (347) 404-9670; a no-will estate goes to the Administration Department and Small Estates at (347) 404-9690. Attorneys must e-file through NYSCEF; a self-represented filer may e-file or file on paper, in person or by mail.
Is e-filing required in the Kings County Surrogate's Court?
For attorneys, yes. NYSCEF e-filing became mandatory for attorneys in the Kings County Surrogate's Court on June 30, 2026, as part of the expansion of mandatory Surrogate's Court e-filing to the Bronx, Kings, Queens, and Richmond County Surrogate's Courts. It applies to new probate, administration, and related miscellaneous proceedings. A self-represented (pro se) filer is not required to e-file and may file on paper, in person or by mail. Confirm the current status on the NYSCEF Authorized Courts list at nycourts.gov/efile.
How much does it cost to file probate in Kings County?
The filing fee is set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, and it is the same in every county (SCPA 2402, verified July 2026). A small estate handled by voluntary administration is $1 (SCPA 1304). NYSCEF accepts payment by credit card; if you pay at the court, pay at the Cashier window by 3:45 p.m. (12:00 noon on Wednesday), and the filing is not complete until payment is received.
How many Surrogates does Kings County have?
Two. Kings County has two Surrogates, as does New York County (Manhattan), reflecting the size of its docket. The Surrogates are elected and change over time, so this page refers to the court and the assigned part rather than to the sitting judges; a contested matter is heard by the assigned part.
What are the Kings County Surrogate's Court hours?
The court is open to the public Monday, Tuesday, Thursday, and Friday from 9:00 a.m. to 4:45 p.m., and it closes for lunch from 1:00 p.m. to 2:00 p.m. On Wednesday it is open only from 9:00 a.m. to 12:00 noon. The Cashier window closes earlier, at 3:45 p.m. on full court days. The court is closed on weekends and court holidays, so plan a counter visit around the lunch closure, the Cashier cutoff, and the Wednesday half day.
Do I have to appear in person for a Kings County probate?
Often not. An uncontested probate or administration is frequently decided on the papers. The court publishes virtual appearance and calendar information on its nycourts.gov page, and a contested matter is heard by the assigned Surrogate's part. Confirm the format for your proceeding with the assigned part.
How do I look up a Kings County probate case?
Use WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov, though coverage varies by county. E-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch. For older records or a certified copy, reach the Records department at (347) 404-9710.
What forms do I use for Kings County probate?
The official statewide Surrogate's Court forms, the same set used in every county. The core filings are Form P-1 (Petition for Probate) when there is a will and Form A-1 (Petition for Letters of Administration) when there is not, and the Affidavit of Voluntary Administration for a small estate. They are on the statewide forms hub at nycourts.gov/surrogates-court-forms, and the CourtHelp DIY Small Estate program builds the small estate affidavit.
How do I file the original will in Kings County?
The original will is filed with the Probate Department. If the proceeding is e-filed through NYSCEF, scan the will without unstapling it and mail the original paper will to the court within two business days; the original death certificate must also be filed within two business days. Before opening a matter, search the decedent's last name in the court's records so you do not duplicate an open file.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.