Probate in Herkimer County

Probate Court Record

Herkimer County Surrogate's Court

Herkimer County · 5th Judicial District

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

Herkimer County Office & Court Facility, 301 North Washington Street, Suite 5550, Herkimer, NY 13350

Self-represented filing

Allowed

Self-help forms

How to file probate in Herkimer County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Herkimer County? →Settling an estate in Herkimer County →

Probate Firms Serving Herkimer County

Utica (Oneida County) firm whose probate specialty spans more than 30 years, serving Oneida, Herkimer, Madison, Onondaga and Lewis counties. Knows the Surrogate's Courts of the 5th and 6th Judicial Districts; files the petition, inventories the property, pays debts and taxes, and transfers the remaining assets to beneficiaries.

Serves 5 countiesProbate

Utica (Oneida County) firm handling probates and trust administration — proving the will and distributing property and assets under the will through a court-supervised process it puts at seven months to several years, and following a trust's instructions after the grantor's death without court oversight. Also covers wills and trusts, powers of attorney and health care proxies, Medicaid and long-term-care planning, and special-needs planning and guardianships for adults with a disability.

Since 2005Estate PlanningTrust AdministrationProbateElder LawGuardianship+2

Capital Region trusts and estates practice in Latham, with offices in New York City, Garden City, Hudson and Lake Placid and more than 280 years of combined attorney experience. Handles estate and trust administration, probate, estate and trust litigation, guardianship under Article 81 and 17-A, Medicaid and special needs planning, and tax planning.

Serves 13 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateTrust LitigationElder Law+4

Binghamton (Broome County) general-practice firm on Front Street handling probate alongside civil litigation, real estate, banking and credit union law, commercial transactions, and labor relations. Represents business, banking, institutional and individual clients across New York State and in Pennsylvania. Holds an AV rating from the Martindale-Hubbell Law Directory.

Serves the whole stateProbate

Binghamton (Broome County) firm tracing its lineage to 1898, with seven New York offices from Ithaca to Walton. Its trusts, estates and elder law group counsels executors, administrators and trustees through estate and trust administration, obtains Letters Testamentary and Letters of Administration, and litigates disputed executor appointments in Surrogate's Court.

Since 1898Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+6

New York elder law and estate planning firm working from twelve offices — Albany, five on Long Island, three in the Mid-Hudson Valley, New City and White Plains, and Staten Island. Guides executors and families through probate and estate administration, and handles trusts built to keep an estate out of Surrogate's Court, Medicaid asset protection, Medicaid applications and estate tax savings. Nine lawyers and seventeen paralegals and support staff, practicing since 1991; consultations are no-cost, virtual or in person, and the firm takes uncontested probate only.

Since 1991Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

All 8 New York probate firms serving Herkimer County →

Forms for Planning and Settling an Estate in New York

Free New York forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for New York.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.

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Tools for Planning and Settling an Estate in New York

Free calculators and checklists to plan or settle an estate in New York: will and trust costs, probate, executor pay and taxes. Run each tool for New York.

How Much Does Probate Cost?

Probate on a $500,000 estate in New York costs an estimated $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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How Do I Settle an Estate?

Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.

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How Much Can an Executor Charge?

New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source.

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Do I Need Probate?

In New York, estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less use the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source, a court filing short of full probate.

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What Are the Creditor Claim Deadlines?

In New York, the 7 monthsSCPA § 1802Verified Sep 8, 2026View source period after the personal representative's appointment protects a representative who distributes after it; late claims can still reach undistributed assets.

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Can I Self-File Probate?

In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

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