Buffalo firm in the Elmwood Village, practising in Erie County and across Western New York since 1933. Handles probate proceedings and estate administration end to end, Article 81 guardianships, wills and trusts, and Medicaid and long-term-care planning.
What to Do When Someone Dies in Allegany County, New York
How probate works in Allegany County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Allegany County Surrogate's Court
Allegany County · 8th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
7 Court Street, Belmont, NY 14813
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in estate proceedings commenced on or after May 28, 2020, and every attorney must e-file. 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. Guardianship and lifetime trust matters may be e-filed but are not required to be. On paper: Guardianship proceedings (e-filing optional); Lifetime trust matters (e-filing optional).
Accepted payment
- At the counterCredit card.Fees can be paid by credit card through NYSCEF at the time of filing or at the court. A filing paid at the court is not filed until payment is received.
Fax
1-585-449-3471
About the court
- The Surrogate's Court and the Family Court share the courthouse at 7 Court Street in Belmont, and the same judges sit in both.
Verified October 16, 2026 · Source
How Probate Works in Allegany 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 Allegany County, probate runs through the Surrogate's Court at 7 Court Street, Belmont. The court sits in the 8th 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 Allegany County
What probate costs in Allegany 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 7 Court Street, Belmont. The court is part of the 8th 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 Allegany County, New York are filed at the Surrogate's Court. The court sits in the 8th 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 Allegany County Self-Filing Assessment.
Allegany 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
The case name is entered exactly as the signature on the will; a different name on the will, the death certificate or the petition becomes an AKA. No punctuation or spaces are used. The court does not require the Request for Surrogate's Court Action form.
SourceDocument Requirements
Original will within two business days; death certificate may be e-filed
The filer scans the will, may unstaple it, and files the original paper will within two business days of e-filing. The court does not require the original death certificate; e-filing it is sufficient.
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 Allegany County
In Allegany 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
Allegany 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
Allegany County · Allegany County Coroners
Phone
Website
Verified November 3, 2026 · Source
Transferring Property in Allegany 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 Allegany County are recorded with the County Clerk at 7 Court Street, Room 18, Belmont, NY 14813. Phone: 1-585-268-9270. Hours: Monday-Friday 8:30 AM-4:00 PM (open during lunch hour).
Documents submitted by mail go to P.O. Box 242, Belmont, NY 14813.
The County Clerk charges $45 per document plus $3 for every page.
Allegany County accepts electronic recording through CSC, Simplifile and Hopdox.
Recording Office Record
County Clerk
Allegany County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM (open during lunch hour)
Office
7 Court Street, Room 18, Belmont, NY 14813
Website
E-recording
P.O. Box 242
Belmont, NY 14813
Fax
1-585-268-5881
Recording fees
| Document fee (per document) | $45 |
| Each page | $3 |
| 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 |
| Residential Deed Owner-Notice Fee (RPL § 291)Required with most deeds | $10 |
| 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 Allegany County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Allegany 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 Allegany 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.
Hauselt & Hauselt, Attorneys at Law
Wellsville practice in the Allegany County seat, where the county Surrogate's Court sits. Maureen A. Hauselt has been admitted in New York since 1989 and registers the firm with the state court system at 120 North Main Street. The practice publishes no website, so call the office directly.
Olean firm serving Cattaraugus County families, with a second office in Wellsville. Shane & Firkel handles estate administration after a death - the firm keeps a dedicated estate-administration paralegal in the Olean office - alongside the estate planning that precedes it. The partnership also carries a regional specialty in oil and gas title work drawn from the Bradford field that runs under southern Cattaraugus County.
Buffalo firm on Elmwood Avenue handling estate matters throughout greater Western New York. Guides executors through probate and estate administration, picking the right proceeding and preparing the filings, and represents executors, beneficiaries and heirs in will contests and other Surrogate's Court disputes. Also drafts wills, trusts, health care proxies and powers of attorney.
Buffalo firm on Main Street handling probate, estate and trust administration, and estate litigation for estates, fiduciaries and beneficiaries. Admits wills to probate, deals with creditors, transfers probate and non-probate assets, and minimizes estate and trust income tax. Cross-border practice for Canadians holding U.S. property.
Corning firm (Steuben County) serving the Southern Tier since 1979, with seven attorneys. Its trusts and estates practice covers estates, probate and administration, guardianship proceedings, wills, special needs trusts, powers of attorney and health care proxies, plus Medicaid planning and applications.
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
- Allegany County Surrogate's Court, official page
- Allegany County Clerk, official page
- Allegany 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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