Brooklyn Probate Lawyers

Losing a loved one is difficult enough without having to navigate court procedures, financial accounts, and legal paperwork. Yet many families find themselves facing these responsibilities shortly after a death. If the person who passed away owned property in their name alone, their estate may need to go through probate before property can be transferred to family members, beneficiaries, or other heirs.

Probate can raise a number of questions for families. You may be trying to determine whether a will is valid, who should be responsible for handling the estate, what happens to outstanding debts, or who is legally entitled to inherit property. In some cases, family members disagree about important decisions, beneficiaries cannot be located, or questions arise about bank accounts, real estate, business interests, or other property. These issues can add uncertainty and delay at a time when families are already dealing with the loss of a loved one.

At Stephen Bilkis & Associates, our experienced Brooklyn probate lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other individuals involved in Surrogate’s Court proceedings. The firm is led by Stephen Bilkis, who has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. We assist clients with routine estate administration as well as complex probate litigation involving contested wills, fiduciary disputes, family disagreements, business interests, and significant real estate holdings. Our goal is to help clients navigate the probate process efficiently while protecting their legal and financial interests.

What Is Probate?

Probate is the court process used to settle a person’s affairs after they die. If there is a will, the Surrogate’s Court reviews it and authorizes the executor to handle the estate. The executor gathers property, pays debts and taxes, and distributes inheritances to beneficiaries. If there is no will, the court appoints an administrator to carry out similar responsibilities.

For Brooklyn residents, probate matters are generally handled in the Kings County Surrogate’s Court. This court oversees probate proceedings, estate administration matters, fiduciary accountings, guardianships, trust matters, and disputes involving decedents’ estates. While many probate proceedings are relatively routine, the court also resolves contested matters involving wills, beneficiaries, creditors, and fiduciaries.

The judges who preside over Surrogate’s Court are known as surrogates. Unlike many judges who are appointed, surrogates are elected by voters within their county. The current surrogates serving Kings County are Bernard J. Graham and Rosemarie Montalbano. They oversee probate and other estate-related proceedings throughout Brooklyn.

The Kings County Surrogate’s Court is located at:

2 Johnson Street
Brooklyn, New York 11201
Telephone: (347) 404-9700

Whether an estate includes a family home, a bank account, a small business, or substantial assets, the Surrogate’s Court helps ensure that property is transferred to the correct people and that the estate is administered in accordance with New York law.

What Happens During the Probate Process?

Probate takes time because there are several legal and financial steps that must be completed before an estate can be settled. Whether an estate is being administered in the Kings County Surrogate’s Court or another Surrogate’s Court in New York, the process varies depending on the assets involved, the size of the estate, and whether disputes arise. Most probate proceedings, however, follow a similar path.

• Filing the probate petition. The process begins when a petition is filed with the Surrogate’s Court. The filing is typically accompanied by the original will, a certified death certificate, and other required documents. Family members and other interested parties must receive notice of the proceeding and have an opportunity to raise objections if they believe there is a problem with the will.
• Appointment of the executor. If the court determines that the will is valid, it issues Letters Testamentary to the executor named in the will. These letters provide legal authority to act on behalf of the estate and allow the executor to communicate with financial institutions, access accounts, and manage estate property.
• Gathering and protecting estate assets. The executor must identify, collect, and safeguard estate assets. Depending on the estate, this may include bank accounts, investment accounts, retirement benefits, real estate, business interests, personal property, and digital assets.
• Paying debts, taxes, and expenses. Before beneficiaries can receive inheritances, the executor must address valid creditor claims and pay applicable taxes and administrative expenses. This may include funeral expenses, medical bills, credit card balances, income taxes, and other obligations.
• Distributing assets to beneficiaries. After debts and expenses have been addressed, the remaining estate property is distributed according to the terms of the will. If there is no will, assets are distributed according to New York’s intestacy laws. See N.Y. Est. Powers & Trusts Law § 4-1.1.
• Closing the estate. Before the estate can be closed, the executor typically prepares an accounting showing how estate assets were collected, managed, and distributed. Once any required approvals have been obtained and remaining obligations have been satisfied, the estate can be formally concluded.

Although some estates move through probate with relatively few complications, others involve contested wills, family disputes, creditor claims, missing heirs, or difficult-to-value assets. An experienced Brooklyn probate lawyer can help executors and beneficiaries understand their rights, comply with Surrogate’s Court requirements, and address issues that arise during the administration of an estate.

What Happens if a Person Dies Without a Will?

When someone dies without a valid will, New York law determines who inherits their property. Rather than following instructions left by the deceased person, the estate must be distributed according to inheritance rules established by state law. See N.Y. Est. Powers & Trusts Law § 4-1.1.

Many people are surprised to learn that a surviving spouse does not always inherit everything. The distribution of property depends on the family members who survive the deceased person. In some situations, a spouse and children share the estate. In others, property may pass to parents, siblings, nieces, nephews, or other relatives.

Because there is no will naming an executor, the Surrogate’s Court must appoint an administrator to handle the estate. The administrator performs many of the same duties as an executor, including gathering property, paying debts and taxes, managing estate assets, and distributing property to the appropriate heirs.

Estates without wills often create questions that families are not prepared to answer. Relatives may disagree about who should serve as administrator, family relationships may need to be established, or heirs may be difficult to locate. We have helped many families work through these issues and understand how overwhelming the process can feel after the loss of a loved one. Our experienced Brooklyn probate lawyers help clients identify heirs, resolve disputes, navigate Surrogate’s Court proceedings, and move the administration process forward in accordance with New York law.

What Happens if Family Members Disagree About an Estate?

Disagreements sometimes arise during the probate process, particularly when family members have different views about how an estate should be handled. Disputes may involve questions about who should inherit property, whether a will is valid, how estate assets are being managed, or whether an executor is properly performing their responsibilities. When these issues cannot be resolved through discussion or negotiation, they may lead to probate litigation in the Kings County Surrogate’s Court.

Some of the most common disputes that arise during probate include:

• Will contests. Not everyone agrees that the document being offered to the court reflects a loved one’s true wishes. Family members may challenge a will based on allegations of undue influence, fraud, lack of mental capacity, or other issues affecting the validity of the document.
• Disputes involving executors and administrators. The person responsible for managing an estate is expected to handle estate property carefully, keep accurate records, and communicate with beneficiaries. Questions sometimes arise regarding financial decisions, delays in administration, or the handling of estate assets.
• Claims involving breaches of fiduciary duty. Certain individuals, including trustees, executors, administrators, and agents acting under powers of attorney, have legal obligations to act in the best interests of others. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals emphasized that fiduciaries cannot use their authority for personal benefit at the expense of the individuals they serve.
• Disagreements involving creditors. Estates do not always agree that a debt is valid or that the amount claimed is correct. Questions may arise regarding whether a creditor is entitled to payment or whether a claim should be challenged.
• Questions regarding ownership of property. Disputes sometimes arise over whether money, real estate, bank accounts, or other property should be included in the estate. Family members may also disagree about whether transfers made before death were valid.
• Trust-related disputes. Beneficiaries and trustees do not always agree about how a trust should be interpreted or administered. These disputes may involve distributions, management of trust assets, or the rights of beneficiaries.
• Efforts to locate and recover estate property. In some cases, property that belongs to the estate may be missing, transferred, or held by another person. Court proceedings may be necessary to identify, recover, and protect those assets for the benefit of the estate and its beneficiaries.

When families come to us because an estate matter has become contentious, we recognize that these disputes often involve more than legal issues. They may involve long-standing family disagreements, concerns about fairness, or questions about a loved one’s intentions. Our experienced Brooklyn probate lawyers regularly represent executors, administrators, beneficiaries, heirs, and trustees in contested proceedings before the Kings County Surrogate’s Court. We work to develop practical solutions whenever possible while protecting our clients’ interests when litigation becomes necessary.

How Long Does Probate Take?

One of the most common questions families have is how long probate will take. Unfortunately, there is no simple answer. Every estate is different, and the timeline often depends on the nature of the property involved, the number of people involved in the estate, and whether any disputes arise during the administration process.

Even in relatively uncomplicated cases, probate usually takes several months. In New York, estate administration generally cannot be completed in less than seven months because executors and administrators often wait for the period during which creditors may present claims against the estate before making final distributions. See N.Y. Surr. Ct. Proc. Act § 1802. As a result, even estates with cooperative family members and few assets typically remain open for at least seven months.

Some estates can be settled shortly after that period expires, while others require substantially more time. Probate often takes longer when:

• The validity of a will is challenged. Court proceedings may be necessary to determine whether the will should be admitted to probate.
• Family members disagree. Disputes regarding inheritance rights, distributions, or the administration of the estate can significantly slow the process.
• The estate includes real estate. Homes, apartment buildings, and other real property may need to be appraised, transferred, or sold before the estate can be completed.
• Heirs are difficult to locate. The court generally requires interested parties to receive notice, which can create delays when relatives cannot be found.
• A business is involved. Family-owned businesses and other closely held entities often require valuation and additional financial review.
• Creditors assert claims against the estate. Executors may need to investigate, negotiate, or challenge claims before distributions can be made.
• Tax matters must be resolved. Filing requirements and tax-related issues can extend the administration process.
• The estate contains unique property. Valuable collections, intellectual property, closely held investments, and other specialized assets may require appraisals or expert analysis.

In our experience, families are often less concerned about the exact length of the process than they are about understanding what comes next. We work closely with executors, administrators, beneficiaries, and heirs to explain each stage of the proceeding, address issues as they arise, and help move the estate toward a resolution as efficiently as possible.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate matters can become complicated for many reasons, including questions about the validity of a will, disagreements among family members, difficulties locating heirs, creditor claims, and disputes involving executors or administrators. Determining what steps need to be taken and how an estate should be handled often requires a careful review of the family’s circumstances, the available property, and any issues that may affect the administration of the estate. If you need guidance from an experienced probate attorney in Brooklyn, it is important to understand your rights and responsibilities as early as possible.

Stephen Bilkis & Associates represents executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate, estate administration, probate litigation, and Surrogate’s Court proceedings. The firm is led by Stephen Bilkis, who has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and been listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. We have experience handling both routine estate matters and complex proceedings involving contested wills, fiduciary disputes, substantial assets, closely held businesses, and challenging family dynamics.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients throughout Brooklyn, Manhattan, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding communities throughout the New York metropolitan area.