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.
What to Do When Someone Dies in Albany County, New York
How probate works in Albany County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Albany County Surrogate's Court
Albany County · 3rd Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Albany County Courthouse, 16 Eagle Street, Room 123, Albany, NY 12207
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in new proceedings filed on or after October 19, 2016, other than guardianships, adoptions and select inter vivos filings. Self-represented filers are exempt under 22 NYCRR 207.4-aa(e)(1) and CPLR 2111(b)(1) and may file on paper or choose to e-file; the opt-out form is for attorneys. A document may be e-filed in an estate that began on paper. On paper: Guardianship proceedings; Adoption proceedings; Select inter vivos trust filings.
Self-represented filing
AllowedStaff answer general questions by phone but do not give legal advice. The court's forms page links the statewide forms, the DIY forms and the court's own forms.
Accepted payment
- At the counterCredit card, Check.Fees can be paid by credit card through NYSCEF, with no fee to use NYSCEF, or at the court; checks are payable to Albany County Surrogate's Court. A filing paid at the court is not filed until payment is received and is deleted if unpaid within ten business days of e-filing.
Hearing schedule
- The calendar is called every Tuesday at 10:00 a.m., and it can be joined virtually. Virtual access is not used for conferences, examinations, hearings or trials.
County forms
- Bond Requirements Information SheetThe court's requirements for a fiduciary's bond, including the bond filing fee and the surety documents to submit.
- Small Estate AffidavitAffidavit for voluntary administration of a small estate under SCPA Article 13.
- Voluntary Administration Appointment Flow ChartWho has priority to serve as voluntary administrator of a small estate, with and without a will.
- Filing FeesThe Surrogate's Court fee schedule under SCPA 2402.
Fax
1-518-285-8237
About the court
- The only public entrance to the Albany County Courthouse is on Lodge Street, on the opposite side of the building from the 16 Eagle Street address.
Verified October 16, 2026 · Source
How Probate Works in Albany County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Albany County, probate runs through the Surrogate's Court at Albany County Courthouse, 16 Eagle Street, Room 123, Albany. The court sits in the 3rd Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New York intestacy law when there is no will.
Most New York estates take 9 months to 15 months to move through this process. Creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.
What Probate Costs in Albany County
What probate costs in Albany County, New York comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Surrogate's Court at Albany County Courthouse, 16 Eagle Street, Room 123, Albany. The court is part of the 3rd Judicial District.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 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 estate value. Flat-fee arrangements are common for straightforward estates.
New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under SCPA §§ 710, 801, 805Verified Sep 8, 2026View source of estate value annually.
Probate in New York typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Surrogate's Court
Probate cases in Albany County, New York are filed at the Surrogate's Court. The court sits in the 3rd Judicial District.
Can You File Without an Attorney?
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.
For a full cost comparison and filing checklist, see the Albany County Self-Filing Assessment.
Albany County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Search NYSCEF and ask the court about other wills before filing
Before an initial filing, search NYSCEF by the decedent's last name and first initial to see whether a file is already open, and contact the court to learn whether another will is on file for safekeeping.
SourceCase name entered without punctuation or spaces
In a probate the case name is entered exactly as on the will, and in an administration exactly as on the death certificate; any other name becomes an AKA. No punctuation or spaces are used in the name or AKA.
SourceDocument Requirements
Original will and certified death certificate within two business days
Scan the original will, not an attorney-certified copy, and file the original paper will within two business days of e-filing; unstapling is at the filer's discretion. A certified hard copy of the death certificate is also due within two business days of e-filing.
SourceWhat to Bring
Filed with the opening petition at the Surrogate's Court: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2))N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Albany County
In Albany County certified copies of the death certificate come from the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section.
Vital Records Office Record
New York State Department of Health - Vital Records Section
Albany County · State vital records office
Phone
Website
Certified copies
From the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section
New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602
Certified copy fees
| First certified copy | $30 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Albany County · Albany County Office of Coroners
Phone
Office
112 State Street, Suite 820, Albany, NY 12207
Mail and offices
Fax
1-518-447-5699
Verified November 3, 2026 · Source
Transferring Property in Albany County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Albany County are recorded with the County Clerk at 16 Eagle Street, Room 128, Albany, NY 12207. Phone: 1-518-487-5100. Hours: Monday-Friday 8:30 AM-4:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Albany County accepts electronic recording through CSC and Simplifile.
Recording Office Record
County Clerk
Albany County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
16 Eagle Street, Room 128, Albany, NY 12207
Website
E-recording
Fax
1-518-487-5099
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax ReturnNot required for a TOD deed | $5 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural)Not required for a TOD deed | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other)Not required for a TOD deed | $250 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified October 17, 2026 · Source
Probate Attorneys Serving Albany County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Albany County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New York are based on reasonable compensation, billed hourly or as a flat fee. Ask an Albany County firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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.
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.
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.
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.
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.
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.
Legal Sources
(9)·
- N.Y. SCPA § 2402(1), (2), (7)
- N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)
- SCPA § 1408 (court must inquire into all facts before admitting a will to probate)
- SCPA § 2307
- SCPA 1802, 1803, 1810, 1811; EPTL 11-1.5
- CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
- Albany County Surrogate's Court, official page
- Albany County Clerk, official page
- Albany County vital records and death investigation offices, official page
Data sourced from New York statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New York
Free tools for settling an estate in New York: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for New York.
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.
See the Steps
How Do I Settle a Trust?
Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
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.
Get the Answer
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