Avoiding Probate in Brooklyn: What Every Family Should Know
Going through probate in New York can be time-consuming, expensive, and emotionally draining—especially for grieving families in Brooklyn. The good news? With proper estate planning, you can help your loved ones avoid court entirely. 
At Alatsas Law Firm, we work with clients throughout Brooklyn to design smart strategies that keep assets out of probate and in the hands of their families—faster, and with less stress.
What Is Probate and Why Should You Avoid It?
Probate is the legal process that occurs after someone passes away. The Surrogate’s Court reviews the will (if there is one), appoints an executor, and oversees the distribution of the estate.
Reasons to avoid probate:
-
It can take 6 to 18 months
-
Court fees and legal costs can eat into your estate
-
It becomes part of the public record
-
Family disputes are more likely to arise
Strategy 1: Use a Revocable Living Trust
A revocable trust allows your assets to bypass probate entirely. You retain control of your assets while you're alive and healthy, but the trust owns them—not you—so they’re not subject to probate after death.
✅ Ideal for: Real estate, investment accounts, business interests
🔗 Learn about setting up a trust in Brooklyn »
Strategy 2: Name Beneficiaries Wherever Possible
Accounts like:
-
Life insurance
-
Retirement plans (IRA, 401(k))
-
Bank accounts with Payable on Death (POD) or Transfer on Death (TOD) designations
pass directly to your beneficiaries, avoiding probate.
✅ Pro tip: Regularly review these designations to keep them up to date.
Strategy 3: Own Property Jointly
When property is owned as joint tenants with right of survivorship (or tenancy by the entirety for married couples), the surviving owner automatically receives the property.
⚠️ Caution: Joint ownership may not be the best fit for complex family dynamics or creditor protection.
Strategy 4: Create a Small Estate Plan
New York allows certain estates to qualify for simplified probate using a Small Estate Affidavit. If the estate is valued under $50,000 (not including real estate), this process can be quicker and cheaper.
✅ Explore small estate probate options in Brooklyn »
Work With a Brooklyn Estate Planning Attorney
Every family’s situation is different. The best way to ensure your estate plan avoids probate is to work with a qualified attorney who understands New York law and the unique needs of Brooklyn residents.
At Alatsas Law Firm, we create customized estate plans that protect your loved ones and minimize court involvement.
📞 Ready to Skip Probate? Let’s Talk.
Contact us today at (718) 233-2903 or schedule a consultation online »
