What to Do When Someone Dies in Chemung County, New York

Probate in Chemung 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 Chemung 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

Chemung County · 6th Judicial District

Address

Hazlett Building, 203-205 Lake StreetElmira, NY 14902

Fax

646-963-6606

Hours

Monday - Friday, 8:30 AM - 4:30 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Accepted paymentCredit card. Credit card via NYSCEF (2.99% non-refundable service fee) or payment at the court (in person or by mail); pay-at-court filings are deleted if unpaid within 10 business days. Do not use pay-at-court for certificates or exemplifications. Fees calculated under SCPA § 2402.

Verified July 4, 2026 · Source

How Probate Works in Chemung 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 Chemung County, probate runs through the Surrogate's Court at Hazlett Building, 203-205 Lake Street, Elmira. The court sits in the 6th 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. 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 Chemung County

What probate costs in Chemung 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 Hazlett Building, 203-205 Lake Street, Elmira. The court is part of the 6th 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://iappscontent.courts.state.ny.us/NYSCEF/live/protocols/surrogates/protocolChemung.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 Chemung 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 6th 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 Chemung 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.

View E-Filing Information

Paper Filing Required For

  • •Inter vivos (living) trust proceedings

Can You File 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.

For a full cost comparison and filing checklist, see the Chemung County Self-Filing Assessment.

Chemung 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

Case name format: no punctuation or spaces

Case name must be identical to name on will. No punctuation or spaces. Name on death certificate different from will = add as AKA.

Source

Document Requirements

Original will within 2 business days - DO NOT UNSTAPLE

Scan original will for e-filing but DO NOT UNSTAPLE. File original paper will with court within 2 business days of e-filing.

Source

Other Requirements

SASE required for document returns

Provide stamped self-addressed envelope. Without SASE, must pick up documents in person at clerk office.

Source

Before You Go

Accepted payment

Credit card. Credit card via NYSCEF (2.99% non-refundable service fee) or payment at the court (in person or by mail); pay-at-court filings are deleted if unpaid within 10 business days. Do not use pay-at-court for certificates or exemplifications. 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 Chemung 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 Chemung County are recorded with the County Clerk, led by County Clerk Linda Forrest, at 210 Lake Street, Elmira, NY 14901. Phone: (607) 737-2920. Hours: Monday - Friday, 8:30 AM - 4:30 PM; Recordings accepted until 4:00 PM.

Documents submitted by mail go to PO Box 588, Elmira, NY 14902.

The County Clerk charges $45 per document plus $5 for every page.

Recording Office Record

County Clerk

Chemung County · County Clerk · Linda Forrest

Address

210 Lake StreetElmira, NY 14901Mailing: PO Box 588, Elmira, NY 14902

Hours

Monday - Friday, 8:30 AM - 4:30 PM; Recordings accepted until 4:00 PM
Visit recorder website →

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 deedExempt

CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules

Verified September 8, 2026 · Source

Probate Attorneys Serving Chemung County

New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Chemung 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 Chemung 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.

FirmBath, NY

Cole & Valkenburgh, P.C.

Serves 4 counties

Bath (Steuben County) firm serving the Finger Lakes and Southern Tier for over 100 years. Its wills, trusts and estates practice is planning-side — wills and trusts, health care proxies, living wills, powers of attorney, Medicaid planning and guardianships — alongside real estate and civil litigation.

PracticesEstate PlanningElder LawGuardianshipMedicaid Planning

Office
7 East Steuben StreetBath, NY 14810

FirmElmira, NY

Mustico & Harvey Law Group, PLLC

Serves 3 counties

Elmira firm on West Church Street representing executors, administrators, heirs, and beneficiaries in Surrogate's Court probate across Chemung, Steuben, and Schuyler counties, from the petition and appointment through inventory and appraisal of estate assets. Its planning side covers elder law, Medicaid, asset protection, and special-needs planning.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 5 more

Office
221 W. Church StreetElmira, NY 14901

FirmCorning, NY

Rossettie Rosettie & Martino LLP

Since 1979 · Serves 5 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationElder Lawand 4 more

Office
269 West Pulteney StreetCorning, NY 14830

FirmElmira, NY

DeFilippo Law Firm P.L.L.C.

Since 1934

Elmira (Chemung County) firm on West Water Street, serving the Elmira area since 1934 and now in its third generation under James E. DeFilippo. Represents executors and trustees through estate and trust administration — protecting assets for beneficiaries, collecting outstanding assets and income, paying valid bills, filing federal and state estate, gift and fiduciary income tax returns, calculating tax basis for beneficiaries and filing court reports. Also prepares wills, lifetime trusts, powers of attorney, health care proxies and lifetime transfers of the home with a reserved life use.

PracticesEstate PlanningEstate AdministrationTrust AdministrationReal Estate

Office
1225 West Water Street, Suite 1Elmira, NY 14905

Solo PracticeBinghamton, NY

Fabrizio Law Offices

Since 1985

Binghamton (Broome County) practice serving the Southern Tier since 1985 and appearing in New York's probate courts. Handles all aspects of estate and trust administration, including will-contest proceedings and family disputes, and prepares simple and complex wills and trusts. Uses tax and estate-planning techniques to reduce federal and New York estate transfer taxes.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more

Office
84 Court Street, Suite 201Binghamton, NY 13901

FirmBinghamton, NY

Aswad & Ingraham, LLP

Serves the whole state

Binghamton (Broome County) general-practice firm on Front Street handling probate alongside civil litigation, real estate, banking and credit union law, commercial transactions, and labor relations. Represents business, banking, institutional and individual clients across New York State and in Pennsylvania. Holds an AV rating from the Martindale-Hubbell Law Directory.

PracticesProbate

Office
46 Front StreetBinghamton, NY 13905
See all 10 firms serving Chemung County→

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.

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