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.
What to Do When Someone Dies in Chemung County, New York
How probate works in Chemung County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Chemung County Surrogate's Court
Chemung County · 6th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
Hazlett Building, 203-205 Lake Street, Elmira, NY 14902
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in new proceedings filed on or after December 22, 2021, other than proceedings involving inter vivos (living) trusts. 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; the opt-out form is for attorneys. A document may be e-filed in an estate that began on paper. On paper: Inter vivos (living) trust proceedings.
Accepted payment
- At the counterCredit card.Fees can be paid by credit card through NYSCEF or at the court in person or by mail, and card payments carry a non-refundable 2.99% service fee. A filing paid at the court is deleted if unpaid within ten business days of e-filing, and the pay-at-court option is not used for certificates, certifications or exemplifications.
P.O. Box 588
Elmira, NY 14902
Fax
1-646-963-6606
About the court
- Visitors pass through a magnetometer at the security station, and the clerk's office is directly to the left past it. Metered street parking and a garage one block west on Market and Baldwin Streets are nearby.
Verified October 16, 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. 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 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 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 Chemung County, New York are filed at the Surrogate's Court. The court sits in the 6th 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 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
Request for Surrogate's Court Action as the first document
Each filing opens with a new Request for Surrogate's Court Action uploaded as a stand-alone document; page 2 of the form requests certified documents or certificates of appointment. The form also records how the filer wants papers returned.
SourceCase name entered without punctuation or spaces
With a will, the case name is entered exactly as the signature on the will; without one, exactly as on the death certificate. Any other name becomes an AKA, and no punctuation or spaces are used.
SourceDocument Requirements
Death certificate e-filed; original will within two business days
Both sides of the certified death certificate are e-filed and no hard copy is required unless the court directs one. The original will is scanned without unstapling it and filed on paper within two business days of e-filing.
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 Chemung County
In New York a death is registered locally, and in Chemung County certified copies of the death certificate are issued by Chemung County Vital Records, Public Health Department as well as by New York State Department of Health - Vital Records Section.
Vital Records Office Record
Local Health Department
Chemung County · Chemung County Vital Records, Public Health Department
Phone
Hours
Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM
Office
103 Washington Street, Elmira, NY 14901
Website
Certified copies
At the counter, issued while you wait
Chemung County Vital Records
P.O. Box 588
Elmira, NY 14902-0588
Local rule
- The office holds the deaths that occurred in Chemung County and orders walk-in, by mail or by email. A mail or email request carries a photocopy of a driver license or a notarized signature, and a sibling or child adds proof of relationship.
Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $10 |
Verified November 3, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Chemung County · Chemung County Coroners
Phone
Verified November 3, 2026 · Source
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 at 210 Lake Street, Elmira, NY 14901. Phone: 1-607-737-2920. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 588, Elmira, NY 14902.
The County Clerk charges $45 per document plus $5 for every page.
Chemung County accepts electronic recording through CSC, Simplifile and Indecomm.
Recording Office Record
County Clerk
Chemung County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
210 Lake Street, Elmira, NY 14901
Website
E-recording
P.O. Box 588
Elmira, NY 14902
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 |
| Notification Letter 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 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, 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.
Binghamton general practice whose service area runs across the Sixth Judicial District, including the Chenango County courts in Norwich as well as Broome, Chemung, Cortland, Delaware, Otsego, Tioga and Tompkins counties. Handles wills, probate, guardianship, health care proxies and powers of attorney alongside family law, real estate and civil litigation. Founded in 1991.
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.
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.
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.
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.
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
- Chemung County Surrogate's Court, official page
- Chemung County Clerk, official page
- Chemung 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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