Kings County Probate Records

Kings County probate records are the court proceedings of a decedent's estate's distribution. They consist of wills, estate inventories, probate petitions, and court decrees. Kings County probate records authenticate inheritance rights, settle estate disputes, and aid in genealogical research.

Probate in Kings County is directed under New York State's Surrogate's Court Procedures Act (SCPA). It involves filing a will (if anyone exists), notifying interested persons, and appointing an executor or administrator. Because of the county's population and diversity, probate actions can be complex, with several claimants or heirs living outside the country. The probate process may also involve matters related to will execution, estates, conservatorship, and guardianship.

Are Probate Records Public?

Yes. Based on New York State Judiciary Law § 255, court clerks must make copies of Kings County court records available upon request unless availability is restricted by statute, court order, or rule. This would mean that probate records in Kings County Surrogate's Court are accessible to the public. After the probate of a will, the will itself is a public record, and those interested can have copies made available from the court.

However, access can be restricted under 22 New York Codes, Rules, and Regulations (NYCRR) § 216.1, which allows courts to seal records if backed by privacy concerns, i.e., cases involving minors, confidential financial details, or ongoing legal proceedings. Besides, certain documents, i.e., death certificates and medical reports, may have restricted access under specific legislation. To obtain probate records, applicants must comply with the Kings County Surrogate's Court procedure, which may involve in-person or online access if available.

What is Probate Court in Kings County?

The Kings County Probate Court is one of the divisions of the Kings County Surrogate's Court, adjudicating estate administration cases like probate and intestate actions. Probate courts hear the admission of wills, the appointment of executors or administrators, and the distribution of a decedent's estate according to their will or the New York intestacy laws when no will can be discovered. The court is also involved in guardianships, contests of an estate, and other related legal matters.

This court is located at the address below:

Kings County Surrogate's Court
2 Johnson Street
Brooklyn, NY 11201

Probate Court Case Lookup

People can view records in the Kings County Surrogate's Court to search probate court cases in Kings County. These records are searchable in person at the court's record room or by mail request.

For online access, the New York State Unified Court System provides the WebSurrogate portal, where a probate case can be searched by inputting a decedent's name, case number, or file date. Older or limited records may require visiting the Kings County Surrogate's Courthouse.

How to Find Probate Records Online Free

Individuals who wish to view probate records online for free can use the New York State Unified Court System's WebSurrogate website and search by case number or decedent's name. The older ones are available via the New York State Archives or genealogical databases. Simple searches are free, but certified copies or full case files may be subject to a fee or a visit to the Kings County Surrogate's Court.

How Long Does Probate Take in New York

The probate process in New York does not have a set timeframe, but it is governed by procedural guidelines outlined in the Surrogate's Court Procedure Act (SCPA). Under SCPA § 1408, the court must first determine the validity of a will before granting letters testamentary, which are necessary for the executor to begin managing the estate. This process can take anywhere from a few weeks to several months, depending on factors such as objections to the will or the complexity of the estate. The timeline for probate is further influenced by whether the will is contested or if there are any disputes regarding the administration of the estate.

Additionally, SCPA § 1802 stipulates that creditors have a period of seven months from the appointment of the executor to file claims against the estate. This can significantly extend the overall probate process. For relatively straightforward estates, probate may take about 6 to 9 months to complete, while more complicated cases involving contested wills, asset liquidation, or other legal complexities can drag on for years.

Are Wills Public Record?

Yes. Wills become public records in Kings County when they are filed for probate with the Surrogate's Court under the New York Surrogate's Court Procedure Act (SCPA) § 2501. That is, anyone may ask to view a probated will and supporting documents. There are, however, some exceptions—records can be sealed by courts in accordance with 22 NYCRR § 216.1 if disclosure invades privacy interests or involves confidential financial data, such as circumstances involving minors or confidential financial material.

How to Find Out If Someone Has a Will

To determine if someone has a will in Kings County, the first step is to contact the Kings County Surrogate's Court. After a person passes away and the will is filed for probate, it becomes a public document. This means that anyone can access the will by visiting the court in person or by searching through the WebSurrogate portal, where the decedent's will can be located using their name. It is important to note that once the will is in probate, it is open to the public, allowing interested parties to confirm its existence.

If the will has not yet been probated, finding out whether one exists can be more challenging. In such cases, reaching out to the executor of the estate, relatives, or the attorney who prepared the will may provide helpful information. However, while the individual is still alive, the will remains private. Only the person who made the will or their attorney can confirm its existence and contents before it is filed for probate, so obtaining this information may require direct communication with them.

Kings County Family Court Case Search

The public may search for Kings County family court cases at the Clerk of the Court or through an official web database, such as the New York State Unified Court System. WebFamily portal users are facilitated to search family court cases by details like party names, case numbers, or filing dates.

Even as searching is accessible to the general public, sealed or confidential cases are shielded by privacy rights and might be unavailable for open public inspection. This encompasses case files involving juvenile parties or extremely sensitive issues such as domestic abuse. For highly detailed or censored case records, one could have to attend in person at the Kings County Family Court from the address below:

Kings County Family Court
330 Jay Street
Brooklyn, NY 11201