How Much Does Probate Cost in Erie County, New York?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Erie County can expect.
What probate costs in Erie 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 Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo. The court is part of the 8th Judicial District.
Local procedures at this court: Request for Surrogate's Court Action form required; Death certificate original not required; Self-represented litigants exempt from e-filing. 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 May 31, 2026 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/protocolErie.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 May 31, 2026 to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified May 31, 2026 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 May 31, 2026 of estate value annually.
Probate in New York typically runs 9 monthsSCPA § 2307Verified May 31, 2026 to 15 monthsSCPA § 2307Verified May 31, 2026, and costs accrue throughout. The 7 monthsSCPA § 1802Verified May 31, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
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
Total probate costs usually run 3–8% of the estate value. For Erie 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.
The petition to open probate costs about $625 in Erie County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
New York uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
New York caps executor compensation by statute — the same schedule used for attorney fees in many states. Executors can waive this fee, which often makes sense for family members who are also beneficiaries.
Yes. New York estates under $50,000 can use a Voluntary Administration and avoid most probate costs. Check the New York self-filing assessment to see if this applies.
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 Erie County probate.
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
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