How Do I File Probate in Delaware County, New York?
A step-by-step guide to filing at the Surrogate's Court—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Delaware 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.
Your Filing Options
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 Delaware 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 InformationPaper Filing Required For
- •Guardianship (consensual only)
Can You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Surrogate's Court is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Delaware County Self-Filing Assessment.
Delaware 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
Pre-filing decedent search required
Before filing, run NYSCEF inquiry on decedent last name with first initial. Contact court to check for wills filed for safekeeping.
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.
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.
Other Requirements
SASE required for document returns
Provide stamped self-addressed envelope with sufficient postage for document returns.
Delaware County Forms
This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
Delaware County Local Forms
DownloadLocal practices forms including Admission of Service, Affidavit by Fiduciary, Affidavit of Deliverability, Affidavit of Domicile, Affidavit of Mailing, Affidavit of Service
In-Person Filing
The Surrogate's Court is located at Delaware County Courthouse, 3 Court Street, Delhi, NY 13753. Phone: 607-376-5405. Hours: Monday - Friday, 8:30 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM).
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.
Court Resources
Additional resources, forms, and fee schedules are available on the Surrogate's Court website.
Frequently Asked Questions
You open probate by filing a petition with the Surrogate's Court in Delaware County, attaching the original will (if any), the death certificate, and the filing fee (about $625). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Delaware County uses the standard New York probate forms — the court's website lists the current versions.
New York permits self-representation, but formal probate procedures make it impractical for most families. The Surrogate's Court staff can accept filings but cannot give legal advice. Check the New York self-filing assessment before deciding.
Yes. The Surrogate's Court in Delaware County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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