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.
What to Do When Someone Dies in Erie County, New York
How probate works in Erie County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Erie County Surrogate's Court
Erie County · 8th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo, NY 14202
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in estate proceedings commenced on or after May 28, 2020, and every attorney must e-file; guardianships under SCPA Articles 17 and 17-A may be e-filed by consent and adoptions are outside the program. Self-represented filers are exempt under 22 NYCRR 207.4-aa(e)(1) and CPLR 2111(b)(1) and may file by mail or choose to e-file. On paper: Adoption proceedings; Guardianship proceedings (e-filing optional).
Accepted payment
- At the counterCredit card.Fees can be paid by credit card through NYSCEF, with no fee to use NYSCEF, or at the court. A filing paid at the court is not filed until payment is received in full.
Self-help center
- Self-help service1-716-845-7280 · eriesurrogatehelp@nycourts.govSelf-represented filers request a telephone appointment for court assistance by email, or by calling (716) 845-2560 without email access. Forms are also available at the main office in Room 210.
County forms
- Erie County Surrogate's Court Local FormsThe court's local forms, including decrees, the informal closing affidavit, the estate drop-off form and checklists.
- Estate Drop Off FormCover form for papers left at the court.
- Informal Closing Affidavit and InstructionsAffidavit and instructions for closing an estate informally.
- Sole Distributee AffidavitAffidavit by the decedent's only distributee.
- Representing YourselfThe court's guide for self-represented filers: forms, filing by mail or NYSCEF, telephone appointments and free legal help.
Fax
1-716-845-7565
Departments
- Guardianship1-716-845-2124 · erieguardianship@nycourts.gov
- Adoption1-716-845-2579 · eriesurrogateadoptions@nycourts.gov
Verified October 16, 2026 · Source
How Probate Works in Erie County
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. Creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.
What Probate Costs in Erie County
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 Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Family members 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%Industry surety premium estimate; the bond itself under 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.
How to File Probate at the Surrogate's Court
Probate cases in Erie County, New York are filed at the Surrogate's Court. The court sits in the 8th Judicial District.
Beside the filing office, the court lists separate lines for Guardianship and Adoption.
Self-represented filers request a telephone appointment for court assistance by email, or by calling (716) 845-2560 without email access. Forms are also available at the main office in Room 210.
Can You File Without an Attorney?
In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the 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 as the first document
Each filing opens with a new Request for Surrogate's Court Action uploaded as a stand-alone document; page 2 of the form requests certified documents or certificates of appointment.
SourceDocument Requirements
Death certificate e-filed; original will within two business days
The court does not require the original death certificate; e-filing it or an attorney-certified copy is sufficient, and no extra copies are mailed. The filer may unstaple the will to scan it and files the original within two business days of e-filing.
SourceRecords Access
Filing ten or more wills for safekeeping
Ten or more original wills filed for safekeeping are boxed and listed in alphabetical order, with each testator's address in Erie County. Wills signed more than six months earlier also need a verification that no estate proceeding for the testator has begun.
SourceGetting to the Surrogate's Court
Subway
Metro Rail Church Street stop outside Main Place Mall, a five-minute walk
Bus
Stops at Pearl and West Eagle Streets, Pearl and Court Streets, and Franklin and Church Streets, a one- to two-minute walk
Erie County Hall is at 92 Franklin Street, between Church and West Eagle Streets in downtown Buffalo.
What to Bring
Filed with the opening petition at the Surrogate's Court: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2))N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Erie County
In Erie County certified copies of the death certificate come from the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section.
Vital Records Office Record
New York State Department of Health - Vital Records Section
Erie County · State vital records office
Phone
Website
Certified copies
From the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section
New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602
Certified copy fees
| First certified copy | $30 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Erie County · Erie County Medical Examiner's Office
Mail and offices
Fax
1-716-961-7581
Verified November 1, 2026 · Source
Transferring Property in Erie County
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 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.
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
Probate Attorneys Serving Erie County
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, billed hourly or as a flat fee. Ask an 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.
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
(9)·
- N.Y. SCPA § 2402(1), (2), (7)
- N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)
- SCPA § 1408 (court must inquire into all facts before admitting a will to probate)
- SCPA § 2307
- SCPA 1802, 1803, 1810, 1811; EPTL 11-1.5
- CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
- Erie County Surrogate's Court, official page
- Erie County Clerk, official page
- Erie County vital records and death investigation offices, official page
Data sourced from New York statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New York
Free tools for settling an estate in New York: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for New York.
How Do I Settle an Estate?
Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Get the Answer
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