Estate Planning for Delaware County, New York Property Owners

For most Delaware 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.

Record a TOD deedWhere to recordLocal attorneys

For a Delaware 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 Delaware 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.

Skipping this planning step means the Surrogate's Court decides who receives the property: a simple New York probate takes 7+ months and opens with $45 in court filing fees.

Record a Transfer-on-Death Deed in Delaware County

A transfer on death deed names a beneficiary who receives Delaware 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.

Create a New YorkTOD deed →Delaware Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Delaware County are recorded with the County Clerk, led by County Clerk Haley L. Gransbury, at Courthouse Square, 3 Court Street, Delhi, NY 13753. Phone: (607) 832-5700. Hours: Monday - Friday, 8:30 AM - 4:30 PM.

Documents submitted by mail go to PO Box 426, Delhi, NY 13753.

The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed costs $55 to record in Delaware County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Delaware County · County Clerk · Haley L. Gransbury

Address

Courthouse Square, 3 Court StreetDelhi, NY 13753Mailing: PO Box 426, Delhi, NY 13753

Hours

Monday - Friday, 8:30 AM - 4:30 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

Open in Google Maps

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Delaware County

FirmWalton, NY

Rourke Law

Serves 3 counties

Walton office (Delaware County) of a three-office firm serving the Catskills, Upper Delaware River Valley and Mid-Hudson regions, opened after the firm identified a critical need for legal services in Delaware County. Handles Surrogate's Court work: probate, administration, estate and trust administration, spousal elective share claims, and guardianships.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more

Office
44 West Street, Suite 6Walton, NY 13856
Free consultation

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

Coughlin & Gerhart LLP

Since 1898 · Serves the whole state

Binghamton (Broome County) firm tracing its lineage to 1898, with seven New York offices from Ithaca to Walton. Its trusts, estates and elder law group counsels executors, administrators and trustees through estate and trust administration, obtains Letters Testamentary and Letters of Administration, and litigates disputed executor appointments in Surrogate's Court.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 8 more

Office
99 Corporate DriveBinghamton, NY 13904

FirmAlbany, NY

Ettinger Law Firm

Since 1991 · Serves the whole state

New York elder law and estate planning firm working from twelve offices — Albany, five on Long Island, three in the Mid-Hudson Valley, New City and White Plains, and Staten Island. Guides executors and families through probate and estate administration, and handles trusts built to keep an estate out of Surrogate's Court, Medicaid asset protection, Medicaid applications and estate tax savings. Nine lawyers and seventeen paralegals and support staff, practicing since 1991; consultations are no-cost, virtual or in person, and the firm takes uncontested probate only.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
125 Wolf Road, Suite 225Albany, NY 12205
Free consultationVirtual consultations

FirmNew York, NY

Morgan Legal Group, P.C.

Since 2017 · Serves the whole state

Financial District firm on Maiden Lane guiding executors and beneficiaries through New York Surrogate's Court probate, including SCPA 1404 examinations and will contests, and filing final 1040 and fiduciary 1041 returns. Also drafts wills, trusts, and powers of attorney, and builds Medicaid asset-protection trusts around the five-year look-back. Serving New York families since 2017.

PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 4 more

Office
15 Maiden Lane, Suite 905New York, NY 10038
Free consultationVirtual consultations

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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