Losing a loved one is hard enough. Then, almost immediately, you're handed a stack of paperwork, told to appear at the Kings County Surrogate's Court, and expected to navigate a legal process you've never encountered before. If this sounds familiar, you're not alone — and the good news is that you don't have to figure it out by yourself.
Families in Brooklyn dealing with probate administration or trust management have real options for qualified local help. Here's what you need to know.
What probate administration actually involves
Probate is the court-supervised process of settling a deceased person's estate. In Brooklyn, that means filing with the Kings County Surrogate's Court, which handles everything from validating the will to authorizing an executor to act on the estate's behalf.
The process follows a fairly predictable path:
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File a petition with the death certificate and the original will (if one exists)
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The court issues Letters Testamentary (for named executors) or Letters of Administration (when there's no will)
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The executor inventories and appraises all assets within six months
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Outstanding debts, taxes, and creditor claims are resolved
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Remaining assets are distributed to beneficiaries
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A final accounting is submitted to close the estate
For a standard estate with no disputes, the process typically takes between 9 and 18 months in New York, according to Friedman & Ranzenhofer, PC. Creditors have seven months from the issuance of letters to make claims — which alone sets the minimum timeline for most distributions. Contested wills, complex assets, or missing beneficiaries can push that timeline significantly longer.
Estates worth under $50,000 with no solely-owned real estate may qualify for voluntary administration, a simplified track that avoids much of the formal process. For everyone else, formal probate is required.
You can get a detailed breakdown of each stage on Alatsas Law Firm's New York probate process guide.
What happens when there's no will
No will doesn't mean no process — it just means a different one. When someone dies without a will in New York, the estate goes through administration rather than probate. The Surrogate's Court appoints an administrator (usually the closest surviving relative), and assets are distributed according to New York's intestacy laws.
This can create real complications. Assets may end up going to relatives the deceased had little contact with, simply because of a blood relationship. Family members can also dispute who should be appointed administrator, slowing everything down and adding legal costs.
If you're dealing with an estate where no will was left behind, understanding the New York administration process is an important first step.
Trust administration is its own process
If your loved one left behind a trust — a revocable living trust, an irrevocable Medicaid trust, or another type — the administration of that trust happens separately from probate, and often outside of court entirely. That's actually one of the main reasons people set up trusts: assets held in a properly funded trust avoid the Surrogate's Court altogether.
But that doesn't mean trust administration is simple. The trustee is legally obligated to:
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Identify and value all trust assets
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Notify beneficiaries and provide accountings
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File required tax returns
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Comply with New York trust law
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Distribute assets according to the trust's terms
A trustee who mismanages these duties can be held personally liable. If you've been named as a trustee and aren't sure where to start, working with an attorney experienced in trust administration in New York can protect you from unintentional missteps.
Why local knowledge matters in Brooklyn
Kings County Surrogate's Court has its own procedures, filing requirements, and expectations. An attorney who regularly practices there knows the court's tendencies, can anticipate delays, and can prepare filings that don't get kicked back for technical deficiencies.
As attorney Theodore Alatsas has noted, preparation is one of the biggest factors in how quickly probate moves forward: knowing the addresses of all beneficiaries, understanding the family tree, and having a clear picture of all assets can meaningfully reduce delays. Missing any of those pieces early in the process tends to cause compounding problems later.
Alatsas Law Firm, located at 2115 Avenue U in Brooklyn, handles probate and estate administration cases across the Surrogate's Courts of Brooklyn, Queens, Staten Island, Manhattan, and Nassau County. With nearly 30 years of experience and deep roots in the borough, attorney Ted Alatsas brings practical familiarity with how these cases actually play out — not just what the statutes say. The firm's client-first approach means families aren't left guessing about where things stand.
What the cost looks like
One of the most common questions families have is how much all of this will cost. According to the AARP, probate and administration costs in New York typically range from 3% to 20% of the estate's total value, covering executor commissions, legal fees, court filing fees, accounting costs, and other administrative expenses. On a $1 million estate — say, a Brooklyn home plus some bank accounts — that could mean anywhere from $30,000 to $200,000 in total costs.
That range is wide because the variables are wide. A smooth, uncontested administration of a well-organized estate runs toward the lower end. Disputes, missing documentation, or contested wills push costs higher. Getting organized early and working with an experienced attorney from the start tends to reduce overall costs, not increase them.
If long-term care costs and asset protection are also on your radar — which they often are for Brooklyn families navigating an aging parent's estate — that's a conversation worth having alongside the probate discussion.
How to move forward
If you've recently lost a loved one, or if you're an executor or trustee who isn't sure of your next steps, the most useful thing you can do right now is talk to someone who handles these cases regularly in your area. Deadlines in probate aren't suggestions, and errors in trust administration can have real financial consequences.
Alatsas Law Firm offers free consultations for families in Brooklyn, Queens, and Staten Island dealing with probate, estate administration, or trust management. Reach them at 718-233-2903, or schedule a consultation online. You'll get straight answers — no jargon, no pressure, just guidance from someone who's helped Brooklyn families through this process for nearly three decades.
