KEY TAKEAWAYS:

The executor of a deceased person who lived in Brooklyn and died with a will needs to follow through on multiple tasks within the first 30 days after that person’s death, including:

  • Finding the original will and obtain a death certificate
  • Identifying assets and debts
  • Building an accurate family tree
  • Preparing and filing the probate petition
  • Addressing waivers and citations

Kings County Surrogate’s Court probate guide

Many people have heard the word “probate”; however, they may not really understand what it means in terms of their estate plan or the plan of a loved one. The skilled probate & estate administration attorneys at Landskind & Ricaforte Law Group, P.C. have worked with many executors and heirs to get a family will through probate. It can be an exhausting and complicated process, especially if the client has little knowledge of the law. Here, Terence and Renata provide a guide for how to file probate in Kings County Surrogate’s Court and discuss what’s needed in the first 30 days after someone dies and you’re the executor of their estate.

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What Is Probate?

Probate is a process the court uses after someone dies—and that person had a will. The court will review the will, determine whether it’s legally valid, and give the executor legal authority to handle the deceased person’s estate. For families living in Brooklyn/Kings County, probate takes place in Kings County Surrogate’s Court.

Common Questions

Many clients ask us how long probate takes in New York. Typically, for an uncomplicated, uncontested probate with a properly drafted will and cooperative beneficiaries, the process usually takes 9 – 18 months. Another common question is what happens if the person did NOT have a will. The court views this as dying “intestate,” and the deceased’s property will be divided according to a default legal formula. Because there is no will to state who should get what, state law steps in with a default "one-size-fits-all" to decide who inherits the estate based strictly on family bloodline and legal relationships.

Understanding the Probate Process

There are certain steps the executor must follow throughout the probate process. Here, we discuss what the executor typically does in the first 30 days for a deceased person who lived in Brooklyn, left a will, and the estate doesn’t qualify or proceed as a small estate. In New York, an estate is considered a small, simple estate if the total value of the deceased person's personal property is $50,000 or less.

You can think of the first 30 days as a phase to protect the deceased’s property. There are many possible tasks, and some overlap from week to week, but here is a general look at the first 30 days:

Week 1: Protect Deceased’s Assets and Property

  • The executor must find the original signed will of the deceased—not just a photocopy. This may involve contacting the deceased’s lawyer, searching the deceased’s home and safe deposit box, and/or talking with family and friends.
  • During this time, the executor should start protecting the deceased person's property. That could mean securing a residence, safeguarding valuables, making sure important insurance remains in effect, collecting mail, and identifying bills that need attention.
  • The executor should also start making a basic inventory of what the person owned and where items are located.
  • The executor should begin tracking immediate out-of-pocket expenses that the estate will reimburse them for later.

What the executor should NOT do is start handing out inheritances. Even if the will states that an heir should receive $10,000, a car, or a piece of property, that doesn’t mean the executor should immediately give that to them.

Week 2: Documentation and Notifications

During the second week, the executor will typically do the following:

  • For obtaining a death certificate in NYC, order certified death certificates for the probate filing. The executor will usually need additional certified copies for banks, financial institutions, insurers, and other organizations. You can usually order these through the funeral director.
  • Determine the deceased person's family tree. Probate wants to know the names and addresses of all legal heirs. New York calls these people distributees and must be identified in the probate petition. These may include a surviving spouse, children, grandchildren of a deceased child, parents, siblings, or more distant relatives.
  • Put a mail-forwarding order in place with the Post Office to redirect all incoming mail directly to your home address.

Weeks 3-4: Prepare the Probate Court Filing

Once the basic information has been collected, the executor or the executor’s attorney can prepare the documents for the Kings County Surrogate's Court. In general, the petition tells the court that the named person died; this is their will; these are their relatives and beneficiaries; this is approximately what the estate is worth; and this is the person asking for authority to serve as executor.

The court filing generally includes the following:

  • probate petition
  • original will
  • certified death certificate
  • all supporting documents

Filing Fee

In Brooklyn, court filing fees are set by New York state law and follow a uniform statewide schedule based on the gross value of the probate estate. The cost can be as low as $45 up to $1,250.00, which is the maximum statutory cap.

Waiver of Process and Consent to Probate

During week three, the executor usually sends a waiver of process and consent to each heir. This document has two parts:

  • Waiver of Process. Normally, the court is legally required to serve a formal legal summons (a Citation) telling a relative they must show up in court on a specific date. By signing this form, the relative says: "You don't need to formally serve me or bring me into court—I waive (give up) my right to that notice."
  • Consent. The relative formally agrees (consents) that the will is valid and they approve that the named executor can take charge of the estate.

If an heir refuses to sign, the court can issue a Citation—a formal legal notice telling that person about the probate proceeding and giving them an opportunity to appear before the Surrogate's Court.

We Can Help With the New York Probate Process

At Landskind & Ricaforte Law Group, our experienced probate and estate administration lawyers have helped numerous people navigate the legal system after the passing of a loved one. In order to make probate as stress-free as possible, we have written a free guide on the process called Probate and Administration of New York Estates: A Guide for Executors and Heirs. Contact us at our Brooklyn office today at 718-333-5007 or by using our online contact form to get started today.