Estate Planning for Albany County, New York Property Owners

For most Albany County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Albany County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Albany County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Skipping this planning step means the Surrogate's Court decides who receives the property: a simple New York probate takes 7+ months and opens with $45 in court filing fees.

Record a Transfer-on-Death Deed in Albany County

A transfer on death deed names a beneficiary who receives Albany County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Aug 24, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Albany County are recorded with the County Clerk, led by County Clerk Bruce A. Hidley, at 16 Eagle Street, Room 128, Albany, NY 12207. Phone: (518) 487-5100. Hours: Monday - Friday, 8:30 AM - 4:00 PM.

The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed costs $55 to record in Albany County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Albany County · County Clerk · Bruce A. Hidley

Address

16 Eagle Street, Room 128Albany, NY 12207

Fax

(518) 487-5099

Hours

Monday - Friday, 8:30 AM - 4:00 PM
Visit recorder website →

Recording fees

Document fee (per document)$45
Each page$5
TP-584 Combined Real Estate Transfer Tax Return$5
RP-5217 Real Property Transfer Report (Residential/Agricultural)$125
RP-5217 Real Property Transfer Report (Commercial/Other)$250
Transfer tax on a TOD deedExempt

CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Albany County

FirmAlbany, NY

Bailey, Johnson & Peck, P.C.

Serves 3 counties

Albany firm whose estate group guides executors and trustees through Surrogate's Court, obtaining Letters Testamentary or Letters of Administration, filing accountings, and distributing estate proceeds. Also handles trust administration and represents beneficiaries in will contests and trust challenges. Serves Albany, Schenectady and Troy.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
5 Pine West Plaza, Suite 507Albany, NY 12205

FirmAlbany, NY

DerOhannesian & DerOhannesian

Serves 1 county

Albany firm on Wolf Road handling Surrogate's Court work for families in Albany County and beyond. It probates wills through the county Surrogate's Court and litigates contested ones — challenges based on capacity, undue influence, forged signature or defective witnessing — interviewing beneficiaries and relatives and putting on medical experts where the decedent's mental state at signing is in dispute.

PracticesEstate PlanningEstate AdministrationProbateProbate Litigation

Office
159 Wolf Road, Suite 305Albany, NY 12205

FirmCairo, NY

Esslie & Frenia, P.C.

Serves 4 counties

Cairo (Greene County) two-lawyer practice serving the Catskills — Coxsackie, Catskill, Windham, Hudson, Ravena and Kingston. Guides estate administrators and executors through probate, and drafts wills, trusts, powers of attorney and health care proxies alongside Medicaid asset protection. Michael Esslie and Denise Frenia Esslie, a husband-and-wife team each with more than 16 years in practice, handle matters personally and offer free consultations, home visits and after-hours appointments.

PracticesEstate PlanningEstate AdministrationProbateElder LawMedicaid Planning

Office
550 Main StreetCairo, NY 12413
Free consultation

FirmTroy, NY

Fowler Doyle Spiess PLLC

Serves 2 counties

Troy (Rensselaer County) firm serving the Capital District, with more than 30 years of probate and estate administration work in the Troy and Albany areas. Handles an estate start to finish — probating the will, estate and income tax, liquidating assets, accountings and distribution to beneficiaries — plus wills, trusts, Medicaid planning and asset protection.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more

Office
317 Brick Church RoadTroy, NY 12180

FirmAlbany, NY

Herzog Law Firm

Since 1946 · Serves 4 counties

Albany firm at Corporate Woods, with offices in Saratoga Springs, Kingston, and Queensbury, taking families through probate, estate administration, and trust administration: re-titling assets, transfers to surviving joint owners and named beneficiaries, and the income, estate, and gift tax issues that arise at death. Litigates will contests, construction proceedings, and contested accountings, and practises elder law, Medicaid, and special-needs planning. Has served the greater Capital Region, Hudson Valley, and Adirondacks since 1946.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 4 more

Office
7 Southwoods BoulevardAlbany, NY 12211
Free consultation

FirmClifton Park, NY

Ianniello Anderson, P.C.

Since 1971 · Serves 3 counties

Clifton Park firm, with offices in Albany, Saratoga Springs and Glens Falls, handling Surrogate's Court work for Capital Region executors. The estate administration team files the probate petition, notices interested parties, marshals and values assets, pays debts and taxes and distributes what remains — including contested wills, out-of-state heirs, and ancillary probate for property held in other states.

PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 7 more

Office
805 Route 146Clifton Park, NY 12065
See all 14 firms serving Albany County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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