For most Chautauqua 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 Chautauqua 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 Chautauqua 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.
Without a recorded beneficiary designation or a trust, Chautauqua County property passes through the Surrogate's Court — even simple New York probates run 7+ months and start with $45 in filing fees.
A transfer on death deed names a beneficiary who receives Chautauqua 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.
Deeds and other real property documents for Chautauqua County are recorded with the County Clerk, led by County Clerk Gregory Carlson, at 1 N. Erie Street, Mayville, NY 14757. Phone: (716) 753-4975. Hours: Monday - Friday, 8:30 AM - 4:30 PM.
Documents submitted by mail go to PO Box 170, Mayville, NY 14757.
The County Clerk charges $45 per document plus $5 for every page. Recording a 2-page transfer on death deed in Chautauqua County comes to $55. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Chautauqua County · County Clerk · Gregory Carlson
Address
Phone
Hours
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 deed | Exempt |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified September 8, 2026 · Source
FirmBuffalo, NY
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.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
FirmBuffalo, NY
Buffalo firm guiding Erie County executors and administrators through the Surrogate's Court of the county where the decedent lived. The work covers filing the petition, getting Letters Testamentary or Letters of Administration issued, notifying heirs and beneficiaries, and settling debts and taxes before distribution. A second office in Jamestown covers Chautauqua County.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more
FirmLakewood, NY
Lakewood office serving rural western and southwestern New York, with two partners, one admitted in New York since 1976. Handles probate and estate administration alongside wills, trusts and elder law, walking families through the process so the wishes of the deceased, as expressed in the estate plan, are carried out.
PracticesEstate PlanningEstate AdministrationElder Law
Solo PracticeJamestown, NY
Downtown Jamestown general practice in Chautauqua County, where Neil M. Robinson has practiced since 1977. Handles wills, trusts and estate matters alongside real estate, business and corporation law, and municipal and zoning work; he also serves as town attorney for Ellery and Harmony.
PracticesEstate Planning
FirmOlean, NY
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.
PracticesEstate PlanningEstate AdministrationBusiness LawReal Estate
FirmWilliamsville, NY
Williamsville (Erie County) firm handling probate and estate administration across Western New York. Marshals and values assets, pays estate debts, files estate accountings, and represents beneficiaries and excluded heirs in will-validity and executor-impropriety disputes, including ancillary probate for out-of-state property. Free 30-minute consultation.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 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.
Data sourced from New York statutes and official state code. How we research.
Estate planning articles for New York.
Forms and tools for property owners in Chautauqua County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for New York.
