What to Do When Someone Dies in Albany County, New York
Probate in Albany County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Albany County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Surrogate's Court
Albany County · 3rd Judicial District
Address
Albany County Courthouse, 16 Eagle Street, Room 123Albany, NY 12207
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. Probate e-filing in Albany County runs through nycourts.gov, not the iappscontent.courts.state.ny.us portal used by most New York counties.
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. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Surrogate's Court (https://www.nycourts.gov/legacypdfs/courts/3jd/albany/Albany%20surrogate%20protocol.5%20(003)_final.pdf). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors 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%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
If you're handling probate yourself in Albany County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 3rd Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Albany County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants exempt from e-filing
Self-represented (pro se) litigants are exempt from mandatory e-filing per Uniform Rule § 207.4-aa(e)(1). May file in paper format at the court or voluntarily participate in NYSCEF.
Credit card. Credit card via NYSCEF (no service fee to use NYSCEF) or payment at the court. Fees calculated under SCPA § 2402.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, 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.
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 — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a 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 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
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.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more
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
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
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
Enter estate details
Select your state and enter an estate value to see a detailed cost estimate.
Quick examples:
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
$
Total probate assets (exclude beneficiary-designated accounts)
Can you self-file probate?
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Albany County Guides
Step-by-step tools for families in Albany County, New York.
