What to Do When Someone Dies in Delaware County, New York
Probate in Delaware 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 Delaware 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
Delaware County · 6th Judicial District
Address
Delaware County Courthouse, 3 Court StreetDelhi, NY 13753
Phone
Fax
646-963-6403
Hours
Monday - Friday, 8:30 AM - 4:30 PM (Closed 12:00 PM - 1:00 PM)
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCredit card, Check. Credit card (VISA or MasterCard) via NYSCEF, or at the court by charge card, firm check, or bank/certified check (no cash). Fees calculated under SCPA § 2402.
County forms
- Delaware County Local Forms — Local practices forms including Admission of Service, Affidavit by Fiduciary, Affidavit of Deliverability, Affidavit of Domicile, Affidavit of Mailing, Affidavit of Service
Verified June 2, 2026 · Source
How Probate Works 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 Jun 19, 2026View source to 15 monthsSCPA § 2307Verified Jun 19, 2026View source to move through this process. The 7 monthsSCPA § 1802Verified Jun 19, 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 Delaware County
What probate costs in Delaware 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 Delaware County Courthouse, 3 Court Street, Delhi. The court is part of the 6th Judicial District.
Local procedures at this court: Pre-filing decedent search required; Original will within 2 business days - DO NOT UNSTAPLE; Case name format: no punctuation or spaces. These are county-specific and not posted on the statewide court site.
New York charges $45 - $1,250 (based on estate value)SCPA § 2402, subd. 7Verified Jun 19, 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/protocolDelaware.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%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Jun 19, 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 Jun 19, 2026View source of estate value annually.
Probate in New York typically runs 9 monthsSCPA § 2307Verified Jun 19, 2026View source to 15 monthsSCPA § 2307Verified Jun 19, 2026View source, and costs accrue throughout. The 7 monthsSCPA § 1802Verified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Surrogate's Court
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.
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 InformationCan 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 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.
SourceCase 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.
SourceDocument 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.
SourceOther Requirements
SASE required for document returns
Provide stamped self-addressed envelope with sufficient postage for document returns.
SourceDelaware 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
Before You Go
Accepted payment
Credit card, Check. Credit card (VISA or MasterCard) via NYSCEF, or at the court by charge card, firm check, or bank/certified check (no cash). 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 Delaware County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk.
Recording Office Record
County Clerk
Delaware County · County Clerk · Haley L. Gransbury
Address
3 Courthouse SquareDelhi, NY 13753Mailing: PO Box 426, Delhi, NY 13753
Phone
Hours
Monday - Friday, 8:30 AM - 4:00 PM
E-recording
Not available
Recording fees
| Base recording fee | $45 |
| Per additional page | $5 |
| TP-584 Combined Real Estate Transfer Tax ReturnRequiredall_deedsRequired for all conveyances. For TOD deeds, check with county clerk — form may still be required with $0 consideration noted. | $5 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural)Requiredresidential_conveyancesRequired for residential property conveyances. May not apply to TOD deeds recorded during lifetime (no conveyance at recording). | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other)Requiredcommercial_conveyancesRequired for commercial property conveyances. | $250 |
Base fee includes county-generated cover page. Total for 1-page deed: $50 ($45 base + $5 per page). Cross-reference indexing: $0.50 per reference (CPLR § 8021(a)(7)).
CPLR § 8021(a)(4); NY Real Property Law § 316-a
Transfer tax
$2 per $500 of consideration (NY Tax Law § 1402). Transfer-on-death deeds are generally exempt (No consideration exchanged at recording. TOD deed is revocable and no property interest transfers until grantor death.). NY real estate transfer tax applies only when consideration is paid. TOD deeds involve $0 consideration at recording.
Verified March 22, 2026 · Source
Probate Attorneys Serving Delaware County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Delaware 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%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Delaware 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.
Southern Tier Firms
Rourke Law
FirmGrowing multi-discipline law firm serving the Catskills, Upper Delaware River Valley, and Mid-Hudson regions. Opened the Walton office to address critical need for legal services in Delaware County. Handles wills, trusts, powers of attorney, health care proxies, living wills, and Medicaid/nursing home planning.
Location
44 West Street, Suite 6Walton, NY 13856
Phone
(845) 292-2000
Service Area
3 counties
Estate PlanningEstate Administration
Visit site
Aswad & Ingraham, LLP
FirmGeneral practice firm serving the Binghamton area since 1976 with offices in Broome County. Probate alongside civil litigation, real estate, banking, commercial transactions, and labor relations. AV-rated by Martindale-Hubbell.
Location
46 Front StreetBinghamton, NY 13905
Phone
(607) 722-3495
Established
1976
Estate AdministrationEstate Planning
Visit site
Fabrizio Law Offices
FirmBinghamton (Broome County) firm practicing before New York's Surrogate's Courts since 1985. Prepares simple and complex wills and trusts and handles all aspects of estate and trust administration, including will-contest proceedings and family disputes. Uses estate-planning techniques to reduce federal and New York estate transfer taxes.
Location
84 Court Street, Suite 201Binghamton, NY 13901
Phone
(607) 771-1984
Established
1985
Estate AdministrationEstate Planning
Visit site
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
- SCPA § 1802
- SCPA § 2110 (reasonable compensation; no statutory percentage)
- SCPA § 2307
- SCPA § 2402, subd. 7
- SCPA §§ 710, 801, 805
Data sourced from New York statutes and official state code. How we research.
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.
Total probate costs usually run 3–8% of the estate value. For Delaware County, that means filing fees (about $625 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
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.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The New York self-filing assessment scores whether this estate can be handled without one.
A simple New York probate typically closes in 7–9 months; average estates run 9–15 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Delaware County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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