Estate Planning & Probate in Erie County, New York
Most Erie County estate questions come down to one fork: avoid probate before a death, or work through it after one. Pick the path that fits, then work from the local Surrogate's Court details.
Someone died — settling an estate
Filing probate at the Surrogate's Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Erie County→Planning ahead as a property owner
Keep a Erie County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Erie County→The Probate Process in Erie 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 Erie County, probate runs through the Surrogate's Court at Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo. The court sits in the 8th Judicial District.
Full Erie Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Surrogate's Court
Erie County · 8th Judicial District
Address
Phone
Hours
Recording Deeds & Property Documents
Recording Office Record
County Clerk
Erie County · County Clerk · Michael P. Kearns
Address
Phone
Fax
Hours
$45 per document plus $5 for every page; a 2-page TOD deed records for $55; TOD deeds are exempt from transfer tax.
Full recording details →Verified September 8, 2026 · Source
Local Procedures at the Surrogate's Court
Request for Surrogate's Court Action form must be filed as the first document uploaded with each filing, filed as a stand-alone document. Court does not require original death certificate; e-filing the original or an attorney certified copy is sufficient.
New York Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Erie County.
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