Brooklyn Estate Probate & Administration Lawyer

Getting a loved one’s estate legally settled, with the will accepted by the court, the right person appointed to act, and the property moved to the people meant to receive it, is the whole point of probate and administration. Yeung & Associates, PLLC is the firm families turn to for a Brooklyn estate probate & administration lawyer who handles estate matters and real estate under one roof. We serve Brooklyn, the other four boroughs, and New York State, and we guide executors and administrators from the first filing through the final distribution.

Probate in Brooklyn happens in the Kings County Surrogate’s Court, and the path you follow depends on a handful of early decisions: whether there is a valid will, who is named to serve, whether the estate qualifies for a streamlined procedure, and what to do about real property. In a borough where a single co-op, condominium, or two-family home is often the largest asset in an estate, those decisions can shape how long the process takes and how much it costs the family.

Why Choose Yeung & Associates, PLLC for Probate and Estate Administration

Yeung & Associates, PLLC is led by Sandy Yeung, Founder and Attorney at Law, who maintains a trust and estate practice alongside a real estate practice that covers single-family homes, townhouses, condominiums, and co-ops. That pairing matters in probate work, because so many Brooklyn estates turn on a piece of real property. Sandy takes the time to understand each family’s situation, explains the options in plain English, and advises accordingly. Clients work directly with her, not with an assistant or a paralegal, so the person reviewing the will, preparing the petition, and answering your questions is the same attorney throughout.

The firm does not rely on brokers or third-party referrals to build its practice. Many clients arrive through referrals from current or former clients, which reflects the direct, honest communication the firm is built around. For families who are more comfortable in Mandarin or Cantonese, the office provides services in those languages as well as English, so a grieving family member is never asked to follow court paperwork in a language they do not speak at home. We represent individuals, families, investors, and small business owners across Brooklyn and the rest of New York City, and statewide on estate matters.

Decisions That Shape a Brooklyn Probate or Administration Case

• Probate of a Will: When the decedent left a will, the executor named in it asks the Surrogate’s Court to admit it and issue letters testamentary. The will must have been in writing and declared by the maker to be their will to each attesting witness, with at least two witnesses signing within one thirty-day period. Whether the will was executed correctly is the first thing we review.
• Administration Without a Will: If there is no will, the court appoints an administrator and the estate passes under New York’s intestacy rules. A spouse with no children inherits the entire estate. A spouse with children receives the first $50,000 plus one-half of the remainder, and the children share the balance.
• Voluntary Administration for Small Estates: A simplified procedure is available when personal property in the estate does not exceed $50,000. It cannot be used if the decedent owned real estate of any value, which rules it out for many Brooklyn families. Exempt property passing to a spouse or children under 21 does not count toward that limit.
• Real Estate in the Estate: Houses, co-op shares, and condominium units generally require letters from the court before they can be sold or transferred, and a buyer’s title company will ask for them. Planning for sale, retention, or transfer to heirs is often the central question in a Brooklyn estate.
• Transfer on Death Deeds: New York now permits an owner to record a deed that passes real property to a named beneficiary at death outside of probate. These deeds must be witnessed, notarized, and recorded before death, and they remain open to claims against the estate for up to 18 months if the probate estate cannot cover valid debts.
• Surviving Spouse’s Elective Share: A spouse who has been left little or nothing may claim the greater of $50,000 or one-third of the net estate. The right must be asserted within six months of the issuance of letters, and no later than two years from the date of death.
• Estate Tax Filings: New York has its own estate tax with a filing threshold well above what most families hold, but real estate values in Brooklyn can push estates closer to it than owners expect. Estates that exceed the threshold must file within nine months of death.

What to Do in the First Weeks After a Death in Brooklyn

The immediate priorities are practical. Locate the original will, because the Surrogate’s Court generally wants the original rather than a copy, and gather the decedent’s recent statements, deed or proprietary lease, insurance policies, and a list of known debts. Secure the property, keep paying the obligations that protect assets such as the mortgage, maintenance charges, and insurance, and do not distribute anything or sell any property before you have authority from the court. Acting as though you already hold letters is one of the most common and costly mistakes families make.

Where the case is filed depends on where the decedent was domiciled at death. For a Brooklyn resident, that is the Kings County Surrogate’s Court in Brooklyn. If the decedent lived in Manhattan, Queens, the Bronx, or Staten Island, the matter belongs in that county’s Surrogate’s Court instead, and filing in the wrong one only costs time. Each borough has its own Surrogate’s Court, and Kings County is one of the two New York counties with two sitting surrogates.

Once we confirm the right court, we prepare the probate petition or the petition for letters of administration, identify everyone entitled to notice, and file. Those who would inherit if there were no will, along with beneficiaries named in the will, generally must be notified and given the chance to appear. Family members who disagree with the will, or who cannot be located, can slow a case considerably, so identifying them early and deciding how to approach them is part of the work. Where a will has defects or a family conflict is developing, we talk through the realistic options before a petition is filed rather than after.

If the estate holds real property, we coordinate the probate work with title and transfer questions at the same time. The same firm handling both means the court filings and the eventual sale or deed transfer are lined up rather than handled by two offices passing papers back and forth. If the estate may approach the New York estate tax threshold, we raise that at the outset, because the nine-month filing deadline runs from the date of death regardless of when letters are issued. An extension of time to file is available but cannot exceed six months, and an extension to pay can be granted for hardship.

Real Property, Transfer Taxes, and Selling an Estate’s Home

When the estate includes a Brooklyn home, an executor or administrator often has to decide whether to sell, keep, or deed the property to a beneficiary. A sale triggers New York’s real estate transfer tax, which the seller ordinarily pays, and the estate is the seller. A residence selling for $1 million or more also carries the additional 1% mansion tax, which falls on the buyer. For New York City residential sales of $3 million or more, and other city property such as multi-family or commercial buildings at $2 million or more, a higher rate applies. These costs should be factored into the decision before a listing goes out.

Co-op and condominium units add their own layer, because the building may need to approve a new owner and will want proof of the representative’s authority. Because we handle residential and commercial real estate transactions, including title searches, we can see the path from probate to closing as a single process.

Common Questions About Probate and Estate Administration in Brooklyn

Do I have to probate a will in Brooklyn?

If the decedent owned property in their sole name that has no beneficiary or co-owner, someone will usually need authority from the Surrogate’s Court to deal with it. Assets that pass automatically, such as jointly held accounts or accounts with named beneficiaries, may not need probate, but real estate in the decedent’s name almost always does.

What is the difference between an executor and an administrator?

An executor is named in the will and receives letters testamentary once the will is admitted. An administrator is appointed by the court when there is no will, and receives letters of administration. Both have similar duties to collect assets, pay debts, and distribute what remains.

Which court handles probate for a Brooklyn resident?

The Kings County Surrogate’s Court handles probate and administration for people who were domiciled in Brooklyn at death. A decedent’s permanent address determines the county, not where the death occurred or where the assets are located.

What happens if there is no will?

The estate passes under New York’s intestacy statute. A surviving spouse with no children takes everything. If there is a spouse and children, the spouse receives $50,000 plus half of the balance, and the children share the rest. Without a spouse or children, the law looks to more distant relatives in a set order.

Can a small estate avoid full probate?

Voluntary administration is available when the personal property is $50,000 or less, but it is closed to any estate that includes real estate of any value. If the administrator later learns the estate is larger than expected, they must tell the court and petition to be appointed as a full executor or administrator.

Is a will valid if it was only signed by one witness?

No. New York requires at least two attesting witnesses, who must sign at the end of the will with their residence addresses, and the will must be declared to be the maker’s will to each witness. A will that fails these formalities can be challenged, which is why we review execution details at the start.

Can my spouse be left out of the will completely?

A surviving spouse can still claim an elective share of the greater of $50,000 or one-third of the net estate. The right must be asserted within six months of letters being issued, and no later than two years after death, so the clock matters.

Does the house have to go through probate if there is a transfer on death deed?

Not if the deed was properly signed, witnessed by two people at the same time, notarized, and recorded before the owner died. The deed can be revoked only by recording a new document, not by a later will. If the beneficiary dies first, the transfer lapses, and the property remains reachable for allowed claims against the estate for up to 18 months.

Will my family owe New York estate tax?

Only estates above the state’s basic exclusion amount owe the tax, and that amount is adjusted periodically. New York offers no portability between spouses, and taxable gifts made within three years of death can be pulled back into the calculation. A return is due nine months after death for estates that must file.

How long does probate take in Kings County?

The timeline depends on whether the will is uncontested, whether all interested parties sign waivers or must be formally served, and how complicated the assets are. Uncontested matters with cooperative family members move much faster than those involving objections, missing heirs, or real estate with title problems.

Can I sell the decedent’s co-op before the estate is settled?

Generally not until a fiduciary has been appointed and holds letters. The co-op board and the buyer’s attorney will both expect proof of authority, so starting the court process early shortens the delay between death and sale.

Serving Brooklyn Estate Probate Clients Across the Five Boroughs

We represent families throughout Kings County, from Bay Ridge, Dyker Heights, and Bensonhurst through Sunset Park, Borough Park, and Midwood, and across Sheepshead Bay, Gravesend, Flatbush, and Park Slope. Clients also come to us from Williamsburg, Greenpoint, Bushwick, Bedford-Stuyvesant, Crown Heights, Brooklyn Heights, Cobble Hill, and Carroll Gardens, as well as East New York, Canarsie, and Marine Park.

Because the firm serves all five boroughs, we also help families whose estates are in Queens, Manhattan, the Bronx, and Staten Island, where the matter is filed in the Surrogate’s Court of the decedent’s own county. Our estate planning and administration work extends statewide, so an executor handling property outside the city can still rely on the same attorney from start to finish.

Speak With a Brooklyn Probate Attorney at Yeung & Associates, PLLC

If you have been named executor, are the person who needs to be appointed administrator, or simply need to understand what the Surrogate’s Court will require of your family, a Brooklyn probate attorney at Yeung & Associates, PLLC can walk you through the first decisions and the filings that follow. Call or schedule a consultation, and we will talk through the will, the assets, the property, and the people involved, and outline a clear path forward in English, Mandarin, or Cantonese.