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.
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 Aug 24, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Aug 24, 2026View source.
Deeds and other real property documents for Erie County are recorded with the County Clerk, led by County Clerk Michael P. Kearns, at 92 Franklin Street, Buffalo, NY 14202. Phone: (716) 858-8785. Hours: Monday - Friday, 9:00 AM - 5:00 PM; documents accepted until 4:15 PM.
The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed costs $55 to record in Erie County. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Erie County · County Clerk · Michael P. Kearns
Address
Phone
Fax
Hours
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax Return | $10 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural) | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other) | $250 |
| Transfer tax on a TOD deed | Exempt |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified September 8, 2026 · Source
FirmBuffalo, NY
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.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
FirmWilliamsville, NY
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.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 6 more
Solo PracticeNiagara Falls, NY
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.
PracticesEstate PlanningEstate AdministrationProbateFamily Lawand 2 more
FirmWilliamsville, NY
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.
PracticesEstate PlanningEstate AdministrationProbateElder LawMedicaid Planning
FirmNiagara Falls, NY
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more
FirmBuffalo, NY
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.
PracticesEstate PlanningEstate AdministrationProbateTrust Litigationand 2 more
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.
Data sourced from New York statutes and official state code. How we research.
Estate planning articles for New York.
Forms and tools for property owners in Erie County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for New York.
