How Does Probate Work in Delaware County, New York?
Losing someone you love is hard enough without the confusion of legal paperwork. Probate in Delaware County depends on estate size—estates under $50,000 may qualify for a simplified procedure. The Surrogate's Court accepts filings in person and requires e-filing for attorneys.
The Probate Process in Delaware 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 Delaware County, probate runs through the Surrogate's Court at Delaware County Courthouse, 3 Court Street, Delhi. 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 monthsSCPA § 2307Verified May 6, 2026 to 15 monthsSCPA § 2307Verified May 6, 2026 to move through this process. The 7 monthsSCPA § 1802Verified May 6, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Surrogate's Court
Probate cases in Delaware County are filed with the Surrogate's Court, located at Delaware County Courthouse, 3 Court Street, Delhi, NY 13753. The clerk's office is open Monday - Friday, 8:30 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM). Reach the clerk at 607-376-5405.
Surrogate Hon. John Hubbard presides over probate matters at the Surrogate's Court. The clerk's office is open Monday - Friday, 8:30 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM).
Attorneys must e-file in Delaware County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Before filing, run NYSCEF inquiry on decedent last name with first initial. Contact court to check for wills filed for safekeeping. Case name must be identical to name on will. No punctuation or spaces. Name on death certificate different from will = add as AKA.
First Steps After a Death in Delaware County
Handling an estate in Delaware County, New York means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Surrogate's Court at Delaware County Courthouse, 3 Court Street, Delhi. The court is part of the 6th Judicial District.
Delaware County has local procedures worth knowing before you start: Pre-filing decedent search required; Original will within 2 business days - DO NOT UNSTAPLE; Case name format: no punctuation or spaces.
Do I Need Probate?
Whether probate is necessary in Delaware County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Surrogate's Court at Delaware County Courthouse, 3 Court Street, Delhi. The court sits in the 6th Judicial District.
Delaware County has local procedures that affect when and how to file: Pre-filing decedent search required; Original will within 2 business days - DO NOT UNSTAPLE.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Surrogate's Court.
Estates valued under $50,000SCPA § 2307Verified May 6, 2026 may qualify for a simplified Voluntary AdministrationSCPA § 2307Verified May 6, 2026 in New York. Above that threshold, full probate through the Surrogate's Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Surrogate's Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Who Inherits Without a Will?
If there's no will, New York intestacy statutes control who receives the estate. The rules follow a specific hierarchy of family relationships, and the split between a surviving spouse and children can surprise families who haven't seen it before.
Check who would inherit this estate based on New York's rules:
Surviving spouses in New York can elect to take 33%EPTL § 5-1.1-AVerified May 6, 2026 of the estate regardless of the will. This election must be filed at the Surrogate's Court within 180 daysEPTL § 5-1.1-AVerified May 6, 2026 of receiving probate notice.
The Surrogate's Court can approve a family allowance of up to $92,500EPTL § 5-3.1Verified May 6, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
New York has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. New York recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- EPTL § 5-1.1-A
- EPTL § 5-3.1
- SCPA § 1802
- SCPA § 2307
Data sourced from New York statutes and official state code. How we research.
Frequently Asked Questions
The Surrogate's Court for Delaware County is located in Delhi, New York. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in New York typically closes in 7–9 months. Average estates run 9–15 months. Complex estates with disputes or tax issues can take 15–36 months. Timing in Delaware County tracks the state range unless the docket is unusually backed up.
No. New York allows estates under $50,000 to use a Voluntary Administration and skip formal probate. There is no statutory waiting period. Use the New York probate decision tool to see if the estate qualifies.
When there is no will, New York's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Delaware County probate court applies the state rules without variation. See who inherits in New York for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Delaware County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Surrogate's Court
Delaware County
Delaware County Courthouse, 3 Court Street
Delhi, NY 13753
Phone:
607-376-5405Fax:
646-963-6403
Hours:
Monday - Friday, 8:30 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM)
Paper Filing Available
E-Filing Optional
New York Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Delaware County.
New York Estate Attorneys
Find estate planning attorneys in New York by practice area.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
