Buffalo firm in the Elmwood Village, practising in Erie County and across Western New York since 1933. Handles probate proceedings and estate administration end to end, Article 81 guardianships, wills and trusts, and Medicaid and long-term-care planning.
Estate Planning for Erie County, New York Property Owners
For most Erie County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Erie County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Erie County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Skipping this planning step means the Surrogate's Court decides who receives the property: a simple New York probate takes 7+ months and opens with $45 in court filing fees.
Record a Transfer-on-Death Deed in Erie County
A transfer on death deed names a beneficiary who receives Erie County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Erie County are recorded with the County Clerk at 92 Franklin Street, Buffalo, NY 14202. Phone: 1-716-858-8785. Hours: Monday-Friday 9:00 AM-5:00 PM.
The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed is $55 in recording fees, before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.
Erie County accepts electronic recording through CSC, ePN, Simplifile and Indecomm.
Recording Office Record
County Clerk
Erie County
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
92 Franklin Street, Buffalo, NY 14202
Website
Fax
1-716-858-6550
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax ReturnNot required for a TOD deed | $10 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural)Not required for a TOD deed | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other)Not required for a TOD deed | $250 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified October 17, 2026 · Source
Estate Planning Attorneys Serving Erie County
Williamsville firm handling Erie County estates through the Surrogate's Court, from probate of a will to administration when there is none. The work covers marshaling assets, final accounting and settlement, and small estate proceedings for estates under $50,000, plus contested matters where an heir was excluded or an executor's conduct is questioned. Elder law and Medicaid crisis planning run alongside.
Niagara Falls solo practice filing for families in the Niagara County Surrogate's Court at Lockport. Gaines handles probate administration for executors - preparing the court paperwork, communicating with the court, and dealing with disputes that surface during probate - alongside will drafting, powers of attorney and health care proxies.
Williamsville firm outside Buffalo practising only in estate planning, elder law, trust planning, and estate administration, and serving Buffalo, Amherst, Clarence and the rest of Erie County. Its probate lawyers resolve claims and distribute estates under a will, and the firm handles kinship cases and Medicaid planning. Every matter is handled directly by a partner.
Niagara Falls firm handling estate and trust settlements for families filing in the Niagara County Surrogate's Court. The practice walks an executor through appointment, inventorying assets the decedent held in their own name, tracking down digital and safe-deposit records, paying credit-card and hospital debts, and distributing what remains to beneficiaries.
Buffalo firm on Delaware Avenue with a second Erie County office in Williamsville, whose estates, wills, and trusts group handles estate administration, wills, trusts, guardianships, and estate, gift, and generation-skipping tax planning. Its estate litigators take contested matters, and the group works alongside the firm's elder law and business-succession practices.
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
(2)·
- N.Y. Real Prop. Law 424
- CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Data sourced from New York statutes and official state code. How we research.
Forms for Planning Your Estate in New York
Free forms for planning your estate in New York: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for New York.
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Last Will and Testament
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.
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Codicil to a Will
In New York, a codicil is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonySCPA §§ 103(52), 1406Verified Oct 25, 2026View source.
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Free
Healthcare Power of Attorney
New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.
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HIPAA Release
In New York, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationN.Y. Pub. Health Law §§ 2780(9), 2782(5)(a) (Article 27-F); NY DOH Form DOH-2557 (Rev. 2/11); N.Y. Civ. Rights Law § 79-l(2)(b), (2)(c), (2)(d), (3)(a)Verified Jun 19, 2026View source expressly before a provider releases them.
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Financial Power of Attorney
New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.
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Transfer on Death Deed
In New York, a transfer on death deed is signed before a notaryN.Y. Real Prop. Law 424Verified Oct 19, 2026View source and 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. New York does not recognize a Lady Bird deed.
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Free
Pour-Over Will
In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Tools for Planning Your Estate in New York
Free tools for planning your estate in New York: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for New York and read its answer.
How Do I Sign Estate Documents?
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.
Check the Rules
Will My Estate Documents Transfer?
New York recognizes a will signed under the law of the place where it was signedEPTL § 3-5.1(c)Verified Oct 19, 2026View source; a will signed in New York itself needs 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.
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Trust or Will: Which Costs Less?
In New York, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in New York runs $4,250Estimate: 10 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in New York runs $1,344Estimate: 3 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,688Estimate: 6 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In New York, a parent names a guardian for a minor child in a will or a separate signed writingN.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.Y. SCPA § 1707(2); N.Y. Dom. Rel. Law § 81Verified Sep 16, 2026View source.
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Do I Need a Revocable Trust?
Probate in New York takes 7 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.
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New York Estate Planning Articles
Estate planning articles for New York.
