What to Do When Someone Dies in Delaware County, New York

How probate works in Delaware County: the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Delaware County Surrogate's Court

Delaware County · 6th Judicial District

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM

Office

Delaware County Courthouse, 3 Court Street, Delhi, NY 13753

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing through NYSCEF is mandatory in administrations, probates, guardianships and related matters, including small estates. Self-represented filers are exempt under 22 NYCRR 207.4-aa(e)(1) and CPLR 2111(b)(1); an attorney who cannot e-file files the opt-out form SCM-2. Documents may be filed in an estate that began on paper.

Self-represented filing

AllowedCourt staff explain procedures and policies but do not give legal advice or help fill out forms. The Central New York Legal HelpLine, 1-877-777-6152, answers calls Monday through Friday from 9:00 a.m. to 3:00 p.m.

Accepted payment

  • At the counterCredit card, Check.Fees can be paid by Visa or Mastercard through NYSCEF, or at the court by charge card, firm check or bank or certified check. A filing paid at the court is deleted if unpaid within two business days.

Verified October 16, 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 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 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.

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 Delaware 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 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

Ancillary filings follow Form AU-67

In an ancillary probate or administration, forms ET-20 and ET-141 go to the Tax Department first under Form AU-67, and its signed stipulation reserving domicile and waiver and consent are filed with the petition, the exemplification and the death certificate.

Source

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. Searches are charged and are not taken by phone.

Source

Document Requirements

Family tree in every filing; no correction fluid on originals

A family tree form is required in every filing type except adoptions. Original forms with white-out or correction tape are not accepted; changes are crossed out and initialed, or a new form is completed.

Source

Original will within two business days; death certificate may be e-filed

The original will is scanned without unstapling it and filed on paper within two business days of e-filing. The original death certificate may be e-filed, and the court can ask for the original.

Source

Other Requirements

Pre-paid self-addressed envelope for returned documents

A pre-paid self-addressed envelope is required for returned documents. Without one, the clerk calls or emails when the documents are ready for pickup, or for mailing once an envelope arrives.

Source

What 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 Medical Examiner in Delaware County

In Delaware County certified copies of the death certificate come from the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section.

Vital Records Office Record

New York State Department of Health - Vital Records Section

Delaware County · State vital records office

Certified copies

From the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section

Mail

New York State Department of Health Vital Records Certification Unit P.O. Box 2602 Albany, NY 12220-2602

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Delaware County · Delaware County Medical Examiner

Office

111 Main Street, Suite 1, Delhi, NY 13753

Verified November 3, 2026 · Source

Transferring Property in Delaware 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 Delaware County are recorded with the County Clerk at Courthouse Square, 3 Court Street, Delhi, NY 13753. Phone: 1-607-832-5700. Hours: Monday-Friday 8:30 AM-4:30 PM.

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

The County Clerk charges $45 per document plus $5 for every page.

Delaware County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Clerk

Delaware County

Hours

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

Office

Courthouse Square, 3 Court Street, Delhi, NY 13753

Mail

P.O. Box 426 Delhi, NY 13753

Verified October 17, 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, 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.

FirmBinghamton, NY

Garufi Law P.C.

Since 1991 · Serves 8 counties

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.

PracticesEstate PlanningProbateGuardianshipFamily Lawand 2 more

Office
68 Oak Street, Second FloorBinghamton, NY 13905

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 PlanningTrust AdministrationProbateProbate 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 PlanningTrust AdministrationProbateReal 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 PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
84 Court Street, Suite 201Binghamton, NY 13901

FirmBinghamton, NY

Aswad & Ingraham, LLP

Serves the whole state

Binghamton (Broome County) general-practice firm on Front Street handling probate alongside civil litigation, real estate, banking and credit union law, commercial transactions, and labor relations. Represents business, banking, institutional and individual clients across New York State and in Pennsylvania. Holds an AV rating from the Martindale-Hubbell Law Directory.

PracticesProbate

Office
46 Front StreetBinghamton, NY 13905

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 PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
99 Corporate DriveBinghamton, NY 13904
See all 9 firms serving Delaware County →

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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 4 more sources

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

Hire a New York Probate Attorney

Browse vetted New York attorneys handling probate matters.

Browse firms

All New York tools