Probate in Erie County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Erie County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Erie County · 8th Judicial District
Address
Phone
Fax
Hours
Accepted paymentCredit 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.
County forms
Located between Church and West Eagle Streets in downtown Buffalo.
Verified July 4, 2026 · Source
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 months to 15 months to move through this process. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Sep 8, 2026View source 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 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source 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 Sep 8, 2026View source of estate value annually.
Probate in New York typically runs 9 months to 15 months, and costs accrue throughout that period.
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.
How to File Your Documents
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.
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 InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
For a full cost comparison and filing checklist, see the Erie County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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.
SourceDeath certificate original not required
Court does not require original death certificate; e-filing the original or an attorney certified copy is sufficient.
SourceThis county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
Local forms including Administration Decree, Affidavit for Updated Certificates, Amendment to Previously Filed Proceeding, Checklists, Decree of Discharge, Estate Drop Off Form, Informal Closing Affidavit
Before You Go
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.
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.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
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.
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
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Erie County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New York are based on reasonable compensation — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Erie County firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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.
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Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
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