How Do I File Probate in Erie County, New York?
A step-by-step guide to filing at the Surrogate's Court—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Erie County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 8th Judicial District.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Erie County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Surrogate's Court is realistic for your situation.
Get the Erie County probate forms →For a detailed cost comparison and filing checklist, see the full Erie County Self-Filing Assessment.
Erie County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Request for Surrogate's Court Action form required
Request for Surrogate's Court Action form must be filed as the first document uploaded with each filing, filed as a stand-alone document.
SourceSelf-represented litigants exempt from e-filing
Self-represented (pro se) litigants are exempt from mandatory e-filing per Uniform Rule § 207.4-aa(e)(1). May file in paper format at the court or voluntarily participate in NYSCEF.
SourceDocument Requirements
Death certificate original not required
Court does not require original death certificate; e-filing the original or an attorney certified copy is sufficient.
SourceErie County Forms
This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
Erie County Local Forms
DownloadLocal forms including Administration Decree, Affidavit for Updated Certificates, Amendment to Previously Filed Proceeding, Checklists, Decree of Discharge, Estate Drop Off Form, Informal Closing Affidavit
In-Person Filing
The Surrogate's Court is located at Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo, NY 14202. Phone: 716-845-2560. Hours: Monday - Friday, 9:00 AM - 5:00 PM.
Before You Go
Accepted payment
Credit card. Credit card via NYSCEF (no service fee to use NYSCEF) or payment at the court. A filing is not complete until the fee is paid; the court deletes the filing if payment is not made. Fees calculated under SCPA § 2402.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Surrogate's Court website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Surrogate's Court in Erie County, attaching the original will (if any), the death certificate, and the filing fee (about $625). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Erie County uses the standard New York probate forms — the court's website lists the current versions.
New York permits self-representation, but formal probate procedures make it impractical for most families. The Surrogate's Court staff can accept filings but cannot give legal advice. Check the New York self-filing assessment before deciding.
Yes. The Surrogate's Court in Erie County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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