If you have lost a loved one and need to deal with the property they left behind, you need probate. Most people are not looking for a long wait; they want it done. Here is how we handle a probate. First, we prepare the probate packet: a petition, the death certificate, the will if there is one, and whatever additional documents your situation calls for. Second, you sign everything and we file the packet with the court. Third, we keep following up with the court until letters issue.
What many people do not realize is that probate can drag on for months, sometimes years. It can take the court weeks or months to review a file and ask for more information. If papers are incomplete or nobody follows up, it takes longer still: papers get rejected, cases sit in a pile, and meanwhile nobody can touch the assets. We file thorough packets quickly, make any changes the court asks for right away, and check in with the court regularly rather than filing and waiting. If we do not hear back for a few weeks, we follow up. That is what gets a probate processed faster.
Once probate is granted, the court issues a certificate that is your legal authority to act for the estate. You then locate everything the deceased person owned and prepare a report listing it, which we help you assemble. We provide that report to everyone entitled to receive something from the estate and have them sign off on it. Once everyone has signed, you distribute the assets and we close the estate.
What Documents Are Needed to Start Probate
Probate starts with a clear set of documents. Delays at the document-gathering stage push everything else back, so these should be in hand before the petition is filed.
| Document | Why it is needed |
|---|---|
| The original will | Photocopies and electronic copies are not sufficient. The original must be filed with the court. |
| The death certificate | Obtain multiple certified copies; banks and other institutions will need them too. |
| A list of the decedent’s heirs (distributees) | Even with a will, the court needs to know who would inherit by intestacy, because they must receive notice. |
| A list of assets and approximate values | Real estate, bank and investment accounts, retirement accounts, life insurance, vehicles, business interests and personal property. |
| Names and addresses of the will’s beneficiaries | They receive notice of the probate. |
| Any prior wills you know about | Even if superseded, prior wills sometimes become relevant if the current will is challenged. |
The Surrogate’s Court Filing Process
Probate filings in New York City are made in the Surrogate’s Court of the county where the decedent lived. Each of the five boroughs has its own court: New York County (Manhattan), Bronx County, Kings County (Brooklyn), Queens County and Richmond County (Staten Island).
The petition is filed with the supporting documents and a filing fee based on the size of the estate. The court reviews the petition for completeness, issues citations to anyone who has not waived, and ultimately appoints the executor by issuing letters testamentary. Each county’s court has its own pace. Manhattan typically moves fastest; the outer boroughs can be slower, particularly when filings have errors that require correction. See our sample NYC probate timeline.
Common Roadblocks in NYC Probates
| Roadblock | What it means for the case |
|---|---|
| Missing distributees | If a distributee cannot be located, the court requires a diligent search and possibly the appointment of a guardian ad litem to represent the missing person’s interests. |
| Out-of-state or international distributees | Service of citations on out-of-state parties takes additional time and follows specific procedures. |
| Estranged family members | Relatives who object to the proposed executor or want to contest the will can substantially delay the case. |
| Questions about the will’s execution | If the will was not executed in the presence of an attorney, the witnesses may need to provide affidavits or testify about the execution. |
| Multiple competing wills | When the decedent left more than one will, the court must determine which is operative. |
| Real estate issues | Property held in unusual ways, such as long-form deeds, life estates or remainder interests, requires additional documentation. |
What Happens After Letters Are Issued
Once the executor has letters testamentary, the substantive work of administering the estate begins.
- 1
Open an estate account
Open an estate bank account and consolidate the decedent’s accounts into it.
- 2
Secure the assets
Identify and secure all assets: real estate, financial accounts, personal property and business interests.
- 3
Appraise
Obtain appraisals for assets that need valuation.
- 4
File the inventory
File an inventory of assets with the court within six months.
- 5
Deal with creditors
Notify creditors and address creditor claims.
- 6
File tax returns
File the decedent’s final income tax returns and estate tax returns if required.
- 7
Sell or distribute assets
Sell or otherwise dispose of assets as needed.
- 8
Account
Prepare the accounting to be presented to the beneficiaries.
- 9
Obtain releases
Obtain receipts and releases from the beneficiaries.
- 10
Distribute and close
Distribute the remaining assets and close the estate.
This phase typically takes a year or more, depending on complexity. With clear records and cooperative beneficiaries, it is straightforward. With disputed claims, hidden assets, tax audits or fighting beneficiaries, it can stretch much longer.
Why Responsiveness Matters
The single biggest factor in how quickly a probate moves is the responsiveness of the attorney handling it. Files that sit in a stack for months because the attorney is too busy drag on indefinitely; files where the attorney responds within days move much faster. We return phone calls the same day or the next morning, answer emails within hours on business days, address court inquiries promptly and file whatever the court needs quickly.
What We Cover at the First Consultation
When a client comes to us with a recent death and a probate to handle, the first consultation covers the probate process itself, in what order things happen and over what timeframe; the role of the executor, including the authority they will have and the fiduciary duties they owe; the documents we will need to file the petition; the statutory commissions the executor is entitled to; our fees and how we bill; the timeline we can reasonably expect; the key decisions the executor will have to make along the way; and the complications that might arise. The goal is a realistic understanding of what the executor has agreed to do and how we will support them. When expectations are set at the start, surprises during the case are rare.
Special Considerations for Different Estate Types
| Estate type | What is different |
|---|---|
| Modest estates | Estates under $50,000 in personal property, with no real estate, can use voluntary administration, a simplified process. Estates between $50,000 and a few million typically proceed through standard probate without significant tax issues. |
| Real-estate-heavy estates | Where most of the value is real estate, the executor must decide whether to sell or distribute the property. Carrying costs continue during probate, so timing matters. |
| Business-owning estates | A closely held business raises succession questions, valuation challenges and possibly the need for ongoing management during administration. |
| Taxable estates | Estates above the federal or New York estate tax thresholds ($15 million federal and $7.35 million New York for 2026) face estate tax filings and possibly audits. |
| Contested estates | Where someone is challenging the will or the executor’s actions, expect an extended timeline and substantially higher costs. |
Filing Details for the Kings County Surrogate’s Court
Probate for a Brooklyn decedent is filed in the Kings County Surrogate’s Court at 2 Johnson Street, Brooklyn, NY 11201, near Cadman Plaza. Venue is determined by where the decedent was domiciled at death (SCPA 205), so a Brooklyn resident’s estate is probated in Kings County even if they owned property in other counties or states. See our Brooklyn probate page.
The filing fee is set by SCPA 2402 on a sliding scale tied to the size of the estate, from $45 for very small estates up to $1,250 for estates of $500,000 or more. If the estate includes real property, the transfer may also require real property forms such as the RP-5217 and TP-584.
Kings County carries one of the heaviest Surrogate’s Court caseloads in the state. A petition with even a small defect, such as a missing distributee, an unsigned witness affidavit or an incorrect estate valuation, is returned with a deficiency notice and goes back to the bottom of the review queue, often adding weeks. A clean filing that passes the law department’s review on the first pass makes a substantial difference in Brooklyn.
Real Estate Issues Common in Brooklyn Estates
In Brooklyn estates, the house is frequently the dominant asset. Decades of appreciation mean a brownstone, limestone, two-family home or co-op is often worth more than every other asset combined, and several issues come up regularly.
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Co-op shares require board approval
Co-ops are personal property, shares in a corporation plus a proprietary lease, and most boards must approve any transfer of the shares, even a transfer to an estate beneficiary. This adds a step, an application package and sometimes an interview.
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Reverse mortgages come due at death
Reverse mortgages, common among long-time elderly homeowners, become payable on the owner’s death and create a hard timeline for the estate. Outstanding mortgages and HELOCs must likewise be paid off, assumed or refinanced as part of any transfer or sale.
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Occupied and rent-regulated properties
Many Brooklyn two- and three-family homes have tenants, some rent-stabilized. Selling or transferring a tenanted property means working within the lease terms and tenant protections.
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A beneficiary or relative living in the house
It is common for one heir to occupy the inherited home, which creates friction over occupancy, carrying costs and whether the property should be sold.
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Old deeds and title defects
Long-held properties sometimes carry chain-of-title problems, undischarged old mortgages or boundary issues that surface only during the estate sale. We coordinate with title companies and brokers so the real estate moves through the estate cleanly.
When a Will Is Contested
If a distributee believes a will is invalid, they can file objections, and the matter shifts from an administrative filing to litigation in the Surrogate’s Court. The common grounds are undue influence, typically alleged against a family member, caregiver or new acquaintance who grew close to the decedent late in life and benefited from a changed will; lack of testamentary capacity, where a will was signed during dementia or serious illness; improper execution, where a homemade or non-attorney will fails the formalities of EPTL 3-2.1; disputes over whether an earlier will was validly revoked; and fraud or duress.
Before formal objections are filed, an objectant is entitled to examine the attorney who drafted the will and the attesting witnesses under SCPA 1404. From there, a contest can proceed through formal objections, document discovery, motion practice and ultimately settlement or trial. We represent both proponents defending a will and objectants challenging one; see our will contest page.
Probate is a process, and we are here to help you get it done. Call us at 212-233-1233 or email [email protected].
