Kings County small estate affidavit: where to file, fee and local requirements
In Kings County, New York, a small estate affidavit is filed with the county probate court. The state rule is the same everywhere in New York: $50,000, no waiting period, with or without a will. What the county controls is below.
| Filing office | Surrogate's Court, 2 Johnson St, Brooklyn |
|---|---|
| Fee | $1 |
| Local note | Use the court's free DIY program |
| State limit | $50,000 — of personal property (real property is not counted but can't be transferred this way) |
| Waiting period | None |
| Form | Affidavit in Relation to Settlement of Estate Under Article 13, SCPA N.Y. SCPA §§1301–1312 · official source |
| Signing | Filed with the Surrogate's Court of the county where the person lived; fee $1; the court issues certificates the bank accepts |
Check the estate against the New York rule
Kings County · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
Kings County procedure
- Certified death certificates from New York vital records or the county registrar — five or more.
- Inventory everything in the person's sole name; stop if the total is over $50,000.
- Gather the paperwork — death certificate, asset list, and the will if there is one.
- Complete the New York form — Filed with the Surrogate's Court of the county where the person lived; fee $1; the court issues certificates the bank accepts.
- File at Surrogate's Court — $1. Ask for three certified copies.
- Collect, pay debts, distribute — keep every receipt; the affiant is liable up to the amount collected.
What makes New York different
New York's courts run a free online program that builds the entire small-estate filing from an interview. It is the best tool in the country for this, so this site sends New Yorkers there rather than charging for a packet.
The affidavit is filed with the Surrogate's Court for $1 and the court issues certificates — one per asset — that the bank or DMV needs. Ask for enough certificates at filing; each extra one later means another trip.
Common questions
Where do I file a small estate affidavit in Kings County?
Surrogate's Court, 2 Johnson St, Brooklyn. Fee: $1.
How much does a small estate affidavit cost in Kings County?
$1. Court forms are free; certified death certificates are $10–$25 each; a notary is $10–$15 per signature.
What is the small estate limit for Kings County?
The limit is set by New York law, not the county: $50,000 — of personal property (real property is not counted but can't be transferred this way).
Does Kings County have its own form?
Use the court's free DIY program.
Other New York counties: New York County · Queens County · Suffolk County · New York overview