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 Chautauqua County, New York
How probate works in Chautauqua County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Chautauqua County Surrogate's Court
Chautauqua County · 8th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Gerace Office Building, 3 North Erie Street, 2nd Floor, Mayville, NY 14757
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in every filing except guardianship and adoption proceedings, and every attorney must e-file; guardianships may be e-filed by consent. 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. On paper: Adoption proceedings; Guardianship proceedings (e-filing optional).
Accepted payment
- At the counterCredit card.Fees can be paid by credit card through NYSCEF, with no fee to use NYSCEF, or at the court. A filing paid at the court is not filed until payment is received and is deleted if unpaid within 10 days of e-filing.
County forms
- Surrogate's Court ChecklistsFourth Judicial District checklists for completing the official petitions in common proceedings; they are not filed with the court.
Fax
1-716-753-4600
Verified October 16, 2026 · Source
How Probate Works in Chautauqua 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 Chautauqua County, probate runs through the Surrogate's Court at Gerace Office Building, 3 North Erie Street, 2nd Floor, Mayville. 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 Chautauqua County
What probate costs in Chautauqua 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 Gerace Office Building, 3 North Erie Street, 2nd Floor, Mayville. 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 Chautauqua 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 Chautauqua County Self-Filing Assessment.
Chautauqua 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 death certificate or the will becomes an AKA. No punctuation or spaces are used.
SourceDocument Requirements
Original will and death certificate within two business days
Scan the original will without unstapling it, and file the original paper will and the original death certificate within two business days of e-filing.
SourceRecords Access
Public files open for inspection
Most estate files are public and can be inspected between 9:00 a.m. and 4:30 p.m. using the court's indices. Files over 50 years old may need to be retrieved, and a file requested by number at least two days ahead can be ready on arrival.
SourceOther Requirements
Pre-paid self-addressed envelope for returned documents
Requested documents are returned in a pre-paid self-addressed envelope, and filers may leave a supply of stamped envelopes on file with the court.
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 Chautauqua County
In Chautauqua 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
Chautauqua 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
Chautauqua County · Coroner Program, Chautauqua County Department of Health and Human Services
Phone
Website
Verified November 3, 2026 · Source
Transferring Property in Chautauqua 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 Chautauqua County are recorded with the County Clerk at 1 North Erie Street, Mayville, NY 14757. Phone: 1-716-753-4975. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 170, Mayville, NY 14757.
The County Clerk charges $45 per document plus $5 for every page.
Chautauqua County accepts electronic recording through CSC, ePN and Simplifile.
Recording Office Record
County Clerk
Chautauqua County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
1 North Erie Street, Mayville, NY 14757
Website
E-recording
P.O. Box 170
Mayville, NY 14757
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 |
| Notice of Transfer Fee (RPL § 291)Not required for a TOD deed | $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 Chautauqua County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Chautauqua 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 a Chautauqua 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.
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.
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.
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.
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.
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.
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
- Chautauqua County Surrogate's Court, official page
- Chautauqua County Clerk, official page
- Chautauqua 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
Hire a New York Probate Attorney
Browse vetted New York attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
