Kings County Surrogate’s Court: Navigating Estate Law in Brooklyn
Located at 2 Johnson Street in downtown Brooklyn, the Kings County Surrogate’s Court is one of the busiest and most critical judicial bodies in New York City. While it is best known for handling the probate of wills and the administration of estates for those who die without a will (intestate), its jurisdiction extends far beyond simple asset distribution. It is the central hub for guardianships, adoptions, and complex litigation regarding the validity of testamentary documents.
Court Leadership & Location
The court is currently presided over by two Surrogates who share the docket. Understanding which judge is assigned to a case is often determined by the department or the specific nature of the proceeding.
Hon. Rosemarie Montalbano, Surrogate
Hon. Bernard J. Graham, Surrogate
Address: 2 Johnson Street Brooklyn, NY 11201
Hours of Operation: Monday – Friday: 9:00 AM – 5:00 PM (Note: Specific departments may close earlier for transactions or lunch breaks)
Department Contact Directory
Navigating the court requires knowing which department handles your specific issue. The following table provides direct contact channels for the key divisions, including the Help Center for general inquiries.
Department
Function
Phone
Email Contact
Help Center
General Inquiries
347-401-9090
Call for assistance
Probate
Decedents with a Will
347-404-9670
Kingsurr-probate@nycourts.gov
Administration
Decedents without a Will
347-404-9690
KingSurr-Admin@nycourts.gov
Accounting
Estate & Trust Accountings
347-404-9685
Kingsurr-acc@nycourts.gov
Miscellaneous
Apt/Safe Deposit Searches
347-404-9680
Kingsurr-misc@nycourts.gov
Guardianship
Infants & 17A Applications
347-404-9664
Kingsurr-guard@nycourts.gov
Records
Copies of Files/Decrees
347-404-9710
Kingsurr-records@nycourts.gov
Cashier
Payment of Fees
347-404-9730
Kingsurr-cashier@nycourts.gov
Types of Proceedings & When to File
Determining which petition to file depends on whether the decedent left a Will and the total value of their assets.
Probate: Filed when the decedent had a Will and assets valued at over $50,000. The person named in the Will petitions to become the Executor.
Administration: Filed when the decedent did not have a Will (died intestate) and assets are valued at over $50,000. A close relative petitions to become the Administrator.
Small Estate (Voluntary Administration): Filed when assets are valued at $50,000 or less, regardless of whether there is a Will. This is a simplified process where the person appointed is called the Voluntary Administrator.
Note: Real property (houses/land) is not included in the $50,000 calculation if owned jointly with right of survivorship, but is included if owned solely by the decedent.
Understanding Distributees (Heirs)
When a person dies without a Will, New York law (EPTL § 4-1.1) dictates who inherits the estate. These people are called "distributees." The order of priority is:
Spouse and Children (If a child died before the decedent, their children—the decedent's grandchildren—step in).
Parents (If no spouse or children).
Siblings (If no spouse, children, or parents).
Grandparents.
Aunts/Uncles or their children (First Cousins).
If the closest living relatives are only first cousins, the court may require a "Kinship Hearing" to prove the family tree before assets can be distributed.
Filing Fees Schedule
Fees in Surrogate's Court are generally determined by the value of the estate. The following is a standardized schedule based on the Surrogate's Court Procedure Act (SCPA) § 2402.
Value of Estate / Subject Matter
Filing Fee
Less than $10,000
$45.00
$10,000 but under $20,000
$75.00
$20,000 but under $50,000
$215.00
$50,000 but under $100,000
$280.00
$100,000 but under $250,000
$420.00
$250,000 but under $500,000
$625.00
$500,000 and over
$1,250.00
Other Common Fees
Jury Demand / Objections to Probate
$150.00
Motion / Note of Issue
$45.00
The Digital Transformation of Probate
Today, the Kings County Surrogate’s Court operates on a modernized digital backbone. For attorneys and self-represented litigants, mastering electronic filing systems is no longer optional; it is the primary method for commencing proceedings, filing motions, and submitting accounting decrees. This digital shift has streamlined the process, allowing for faster processing of uncontested estates.
Transparency and Case Tracking
With thousands of active cases, keeping track of court calendars and appearances is a logistical challenge. The court provides public access to its schedules to ensure transparency. Litigants frequently rely on NYC court case listings to monitor the status of matters, check for future court dates, and review the disposition of motions.
Fiduciary Responsibilities & Qualifications
The court takes the appointment of a fiduciary (Executor or Administrator) seriously. The appointee owes a "fiduciary duty" to the estate, meaning they must act in the best interest of the beneficiaries.
Estate Bonds: The court may require a fiduciary to post a bond—an insurance policy that protects beneficiaries if the fiduciary steals or mismanages funds. If you have a low credit score, you may not qualify for a bond, which could prevent you from serving.
Felony Convictions: A person with a felony conviction is not automatically disqualified, but the court has discretion to reject them if the crime was "adverse to the welfare of the estate" (e.g., embezzlement). Individuals with convictions may need to provide a Certificate of Relief from Disabilities or a Certificate of Good Conduct to be appointed.
Reference: WebCrimes (Online Criminal Records) can be used to verify one's record before applying.
When Brooklyn Estates Cross State Lines
It is increasingly common for Kings County decedents to own property outside of New York. When this happens, a "local" probate case can become a multi-jurisdictional legal battle. An administrator appointed in Brooklyn may need to file for "ancillary probate" in other states.
Example: Navigating Arkansas court connection systems to transfer title of a southern retirement property.
Example: Checking Oklahoma court dockets to resolve disputes over mineral rights.
Legal Resources & Assistance
For those navigating the court without a private attorney, the following resources are essential:
City Bar Justice Center - Planning and Estates Law Project (PELP): Offers free legal assistance to low-income NYC residents for estate matters.
DIY Forms: The court provides free guided programs to help write your court papers.
Statutory References:
Accessing Sealed Residences: If the police have sealed the decedent's apartment, you must obtain a specific order from the Surrogate's Court to enter.
Frequently Asked Questions (FAQ)
Q: Do I need a lawyer to file in Surrogate's Court? A: While not legally required, it is highly recommended. For Small Estates (under $50,000), you can often handle it yourself using the DIY forms linked above. For larger estates or contested wills, the complexity makes legal representation vital.
Q: How do I find missing heirs? A: You must exercise "due diligence" to locate all distributees. This may involve using inmate search tools like TDCJ Inmate Search if a relative is incarcerated, or hiring a genealogist.
Q: What if the decedent only had a Safe Deposit Box? A: You cannot just walk into the bank. You must file a "Petition to Open a Safe Deposit Box" with the Miscellaneous Department to get a court order allowing you to inspect the contents for a Will or insurance policy.
Conclusion
The Kings County Surrogate’s Court serves as the final arbiter of a person’s legacy. Whether ensuring a will is valid, protecting the inheritance of a minor, or untangling a complex web of multi-state assets, the court’s role is essential to the orderly transfer of wealth and the protection of individual rights in Brooklyn.
