Probate Help for Brooklyn Executors and Personal Representatives

If you have been named the executor of a will or asked to serve as personal representative of a loved one’s estate in Brooklyn, the responsibility can feel sudden and heavy. You are expected to gather assets, pay debts, deal with the Kings County Surrogate’s Court, and distribute what remains to the right people, all while families are grieving. This site is written for the people who actually carry that load, with a focus on what executors and administrators in Brooklyn need to know under New York law.

Why Probate Matters in Kings County

Probate is the court-supervised process of proving a will and authorizing someone to administer an estate. In New York, that work happens in the Surrogate’s Court under the Surrogate’s Court Procedure Act (SCPA). For Brooklyn residents, the relevant court is the Kings County Surrogate’s Court. Once the court accepts a valid will and issues letters testamentary, the named executor gains legal authority to act. When there is no will, the court issues letters of administration to a qualified relative under the priority rules of EPTL Article 4.

What Makes a New York Will Valid

Before an executor can act, the will must be proven. Under EPTL section 3-2.1, a New York will generally must be signed by the testator at the end of the document, signed in the presence of (or acknowledged to) at least two attesting witnesses, and the testator must publish the document, meaning declare to the witnesses that it is the will. Witnesses must sign within a roughly 30-day window. When these formalities are not met, an executor may face a contest, and the estate may pass by intestacy instead.

The Executor’s Core Duties

As a personal representative, you act as a fiduciary. That means you must put the estate’s interests ahead of your own, keep careful records, and treat all beneficiaries fairly. Typical tasks include locating the will, filing the probate petition, inventorying assets, securing real property such as a Brooklyn co-op or brownstone, notifying creditors, paying valid debts and taxes, and ultimately accounting to the beneficiaries before distribution.

Estate Taxes and Thresholds

Most Brooklyn estates owe no New York estate tax, but larger estates should plan carefully. For 2026, the New York basic exclusion amount is $7,350,000. New York applies a so-called cliff: if a taxable estate exceeds 105% of the exclusion, roughly $7,717,500, the exclusion is lost entirely and the whole estate becomes taxable. Executors of estates near that line should get professional guidance before filing.

Tools That Can Avoid Probate

Not every asset passes through probate. Assets held in a revocable living trust under EPTL Article 7 avoid probate, though a revocable trust does not save estate tax. Irrevocable trusts are sometimes used for tax planning or Medicaid eligibility, which involves a five-year look-back. Jointly held property and accounts with named beneficiaries also pass outside probate. Understanding which assets are probate assets is one of the first things a new executor should sort out.

Talk to a New York Attorney

This site offers general information for Brooklyn executors and personal representatives, not legal advice for your specific situation. Every estate is different, and the Surrogate’s Court has strict procedures and deadlines. Before you file anything or distribute any property, consult a licensed New York attorney who can review the will, the assets, and the family circumstances and advise you on the right path.