Kings County, New York Probate Court Records

Kings County Surrogate Court serves as the county’s probate court. This court handles cases concerning the affairs of decedents, including the administration of their estates and the probate of wills, which are commonly referred to as probate proceedings. The Surrogate Court also handles all guardianship matters and adoption proceedings.

New York’s Surrogate’s Court Procedure Act (SCPA) and Estates, Powers and Trusts Law (EPTL) govern all probate proceedings. These proceedings generally result in the creation and filing of various official documents with the Surrogate’s Court. Collectively known as probate court documents, these include wills and testaments, probate petitions, estate inventories, letters of administration, and beneficiary and heir lists.

Understanding the Parties Involved in Probate Cases

Examples of parties usually involved in probate cases in New York include, but are not limited to:

• The decedent: a dead person whose estate may undergo probate proceedings
• Heirs: these are the decedent’s family members who are entitled to assets from a decedent’s estate
• Administrator: an individual appointed by a Surrogate Court to manage and settle the estate of an individual who died without leaving a valid will or without naming an executor in their will.
• Executor: a person named in a will and appointed by a Surrogate Court to carry out the instructions detailed in the will and handle other related financial matters.
• Beneficiaries: these are individuals designated in a will who are entitled to shares of a decedent’s estate.
• Creditor: a person or entity to whom a decedent owed a debt (usually money) before their death. They have the legal right to file a claim against the decedent's estate to recoup the debt they are owed.
• Probate attorney: a licensed legal professional who can provide legal advice to parties involved in a probate proceeding and assists them in navigating the legal system.

Legal Purpose and Importance of Probate Court Records in Kings County.

In Kings County, probate court records are used to document and facilitate probate proceedings. These records contain a wealth of information about a probate proceeding that is essential to resolving potential disputes that may arise during the administration of an estate. They may also be used to verify the roles and rights of parties involved in a probate proceeding. Additionally, probate records can reveal important details about a decedent, including family relationships, assets, the distribution of those assets, and outstanding debts.

Differences Between Wills, Estates, and Other Probate Filings in Kings County

Probate filings are official documents maintained by the surrogate court in connection with probate proceedings. These incudes;

• Last will and testaments: These are legal documents that provide instructions for how an individual wants their property distributed after their death. A will may also appoint a guardian for a decedent's children.
• Probate petitions: These are filed with the Surrogate's Court to initiate probate proceedings formally.
• Letters of administration: these appoint a decedent’s distributee, who is responsible for collecting and distributing the decedent’s property in accordance with state law.
• List of heirs and beneficiaries: This comprehensive list identifies and outlines all individuals and entities that may be entitled to inherit a decedent’s assets.
• Estate inventories: This is a detailed list of all assets a decedent owned at the time of death, including the appraised value of each asset.

Public Access to Probate Court Records in Kings County

The general public has the right to access most probate court records in Kings County, per the New York Freedom of Information Law (FOIL), codified in NYS Public Officers Law Article 6 (Sections 84-90). However, the FOIL is not absolute. Specific probate court records, such as sealed records and those exempt from public disclosure under federal laws, state laws, court rules, or court orders, are not available to the public.

Methods for Searching Kings County Probate Court Records

Record seekers may search for Kings County probate court records through the Kings County Surrogate’s Court and the New York State Archives. Court records of probate proceedings filed as far back as 1789 are available through The Kings County Surrogate’s Court. Meanwhile, the New York State Archives maintains most pre-1789 probate court records.

Kings County Surrogate’s Court and the New York State Archives offer different methods, including online, in-person, and by mail, for searching probate records they maintain. Regardless of the record custodian or the search method used, individuals seeking probate court records must provide identifiable information about the record. These may include the decedent’s full name and date of death.

How to Find Kings County Probate Cases Online for Free

Interested persons may use the WebSurrogatewebsite to search for Kings County probate cases online for free. The website provides information about probate cases handled by New York State Surrogate's Courts, including the Kings County Surrogate’s Court. Images of documents filed in probate cases from 02/19/2014 to the present are also accessible through the website.

There are no restrictions on who can use the WebSurrogate website. Users may conduct a search for Kings County probate cases on the website by party name or file number. Note that not all probate cases and records are available online. It is also worth noting that interested persons may find indexes of probate records maintained by the New York State Archives Website through the agency’s Name Indexes Search website.

Accessing Kings County Probate Court Records in Person

Kings County probate court records are accessible in person at the Record Room of the Kings County Surrogate's Court. The Record Room is open to the public during regular business hours, and there are no fees or identification requirements for in-person searches. Nonetheless, record seekers must come along with information about the sought probate record, such as the decedent’s name and date of death, to facilitate their records search. The record room is situated in the Kings County Surrogate's Court located at;

Meanwhile, probate records maintained by the New York State Archives are accessible in person at the Archives’ Research Room. Individuals must comply with the Research Room Rules, including annual registration, to access the Research Room. The research room is located at;

Requesting Kings County Probate Court Records by Mail

Record seekers may request Kings County probate court records by mail from the Kings County Surrogate’s Court by drafting and submitting a written request. The drafted request must contain the decedent’s name, date of death (if known), and their last known address. Depending on how many years they want their search to cover, record seekers are charged different fees for their request. These include $30.00 for searches within 25 years and $90.00 for searches spanning over 25 years.

Requesters may mail their drafted written request with a self-addressed, stamped envelope, and required fee payments via money order, certified check, or New York State attorney’s check to;

Kings County Probate Court Record Access Methods

Applicable Fees for Kings County Probate Court Record Requests

According to the Kings County Surrogate’s Court Cashier Fees Schedule, the following fees may be accessed for probate court records:

• $6.00 per page for certification of file
• $30.00 for a mail-in search request spanning 25 years
• $90.00 for a mail-in search request spanning over 25 years
• $20.00 for a transcript of a decree