How Does Probate Work in Erie County, New York?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. In Erie County, estate size determines the process—smaller estates under $50,000 can often avoid full probate. The Surrogate's Court accepts filings in person and requires e-filing for attorneys.
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.
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 May 31, 2026 to 15 monthsSCPA § 2307Verified May 31, 2026 to move through this process. The 7 monthsSCPA § 1802Verified May 31, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Surrogate's Court
Probate cases in Erie County are filed with the Surrogate's Court, located at Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo, NY 14202. The clerk's office is open Monday - Friday, 9:00 AM - 5:00 PM. Reach the clerk at 716-845-2560.
Attorneys must e-file in Erie County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
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.
First Steps After a Death in Erie County
Handling an estate in Erie County, New York means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Surrogate's Court at Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo. The court is part of the 8th Judicial District.
Erie County has local procedures worth knowing before you start: Request for Surrogate's Court Action form required; Death certificate original not required; Self-represented litigants exempt from e-filing.
Do I Need Probate?
Whether probate is necessary in Erie County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Surrogate's Court at Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo. The court sits in the 8th Judicial District.
Erie County has local procedures that affect when and how to file: Request for Surrogate's Court Action form required; Death certificate original not required.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Surrogate's Court.
Estates valued under $50,000SCPA § 2307Verified May 31, 2026 may qualify for a simplified Voluntary AdministrationSCPA § 2307Verified May 31, 2026 in New York. Above that threshold, full probate through the Surrogate's Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Surrogate's Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Who Inherits Without a Will?
If there's no will, New York intestacy statutes control who receives the estate. The rules follow a specific hierarchy of family relationships, and the split between a surviving spouse and children can surprise families who haven't seen it before.
See how this estate would be distributed:
Surviving spouses in New York can elect to take 33%EPTL § 5-1.1-AVerified May 31, 2026 of the estate regardless of the will. This election must be filed at the Surrogate's Court within 180 daysEPTL § 5-1.1-AVerified May 31, 2026 of receiving probate notice.
The Surrogate's Court can approve a family allowance of up to $92,500EPTL § 5-3.1Verified May 31, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
New York has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. New York recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- EPTL § 5-1.1-A
- EPTL § 5-3.1
- SCPA § 1802
- SCPA § 2307
Data sourced from New York statutes and official state code. How we research.
Frequently Asked Questions
The Surrogate's Court for Erie County is located in Buffalo, New York. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in New York typically closes in 7–9 months. Average estates run 9–15 months. Complex estates with disputes or tax issues can take 15–36 months. Timing in Erie County tracks the state range unless the docket is unusually backed up.
No. New York allows estates under $50,000 to use a Voluntary Administration and skip formal probate. There is no statutory waiting period. Use the New York probate decision tool to see if the estate qualifies.
When there is no will, New York's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Erie County probate court applies the state rules without variation. See who inherits in New York for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Erie County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Surrogate's Court
Erie County
Erie County Hall, 92 Franklin Street, 2nd Floor
Buffalo, NY 14202
Phone:
716-845-2560Fax:
716-845-7565
Hours:
Monday - Friday, 9:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
New York Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Erie County.
New York Estate Attorneys
Find estate planning attorneys in New York by practice area.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Notify Government Agencies
State-administered programs an executor handles after a death in New York.
