Estate Planning for Franklin County, New York Property Owners

For most Franklin 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.

Record a TOD deedWhere to recordLocal attorneys

For a Franklin 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 Franklin 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 Franklin County

A transfer on death deed names a beneficiary who receives Franklin 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.

Create a New YorkTOD deed →Franklin Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Franklin County are recorded with the County Clerk, led by County Clerk Kip Cassavaw, at 355 West Main Street, Suite 248, Malone, NY 12953. Phone: (518) 481-1681. Hours: Monday - Friday, 8:00 AM - 4:00 PM.

Documents submitted by mail go to PO Box 70, Malone, NY 12953.

The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed costs $55 to record in Franklin County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Franklin County · County Clerk · Kip Cassavaw

Address

355 West Main Street, Suite 248Malone, NY 12953Mailing: PO Box 70, Malone, NY 12953

Fax

(518) 483-9143

Hours

Monday - Friday, 8:00 AM - 4:00 PM
Visit recorder website →

Recording fees

Document fee (per document)$45
Each page$5
TP-584 Combined Real Estate Transfer Tax Return$5
RP-5217 Real Property Transfer Report (Residential/Agricultural)$125
RP-5217 Real Property Transfer Report (Commercial/Other)$250
Transfer tax on a TOD deedExempt

CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules

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Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Franklin County

FirmMalone, NY

Fischer, Bessette, Muldowney & McArdle, LLP

Serves 5 counties

Malone (Franklin County) firm serving the North Country for over 75 years, with offices in Tupper Lake and Saranac Lake. Handles probate administration and contested wills — undue influence, capacity and executor-misconduct disputes — and drafts wills, trusts, powers of attorney, health care proxies and special needs trusts. Estate consultations are free.

PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 3 more

Office
43 Golf Course RoadMalone, NY 12953
Free consultation

FirmCanton, NY

Ducharme, Goldie & Adams P.C.

Since 2022

Canton (St. Lawrence County) general practice founded in February 2022 by three attorneys with a long history in the town — Gerald J. Ducharme, Scott B. Goldie and Thomas R. Adams. Its wills, trusts and estates work covers drafting wills and trusts and representing clients in probate and the administration of estates, alongside real estate transactions, family law and municipal law.

PracticesEstate PlanningEstate AdministrationProbate

Office
2 Judson StreetCanton, NY 13617

Solo PracticePlattsburgh, NY

Law Office of Frank G. Zappala

Plattsburgh (Clinton County) general practice with over 35 years in the North Country. Handles probate and estate administration, wills and trusts, powers of attorney and guardianship, and real estate, alongside personal injury, workers' compensation, and Social Security disability.

PracticesEstate PlanningEstate AdministrationProbateGuardianshipReal Estate

Office
142 Margaret StreetPlattsburgh, NY 12901

FirmUtica, NY

Hilton Estate & Elder Law, LLC

Since 2012 · Serves 2 counties

Utica firm with offices in Boonville and Lowville whose post-death side handles probate and trust administration, staffed by a dedicated probate paralegal alongside the attorneys. Its planning side covers wills, powers of attorney and health care proxies, revocable and asset-protection trusts, nursing-home and Medicaid planning, tax planning, and special-needs planning. Partner Robert K. Hilton III has helped over 600 families protect assets or qualify for Medicaid and has prevailed in over 50 Medicaid fair hearings.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
2100 Genesee StreetUtica, NY 13502
Free consultation

FirmLatham, NY

Pierro, Connor & Strauss, LLC

Serves 13 counties

Capital Region trusts and estates practice in Latham, with offices in New York City, Garden City, Hudson and Lake Placid and more than 280 years of combined attorney experience. Handles estate and trust administration, probate, estate and trust litigation, guardianship under Article 81 and 17-A, Medicaid and special needs planning, and tax planning.

PracticesEstate PlanningEstate AdministrationTrust AdministrationTrust Litigationand 5 more

Office
43 British American BoulevardLatham, NY 12110
Free consultationVirtual consultations

FirmSyracuse, NY

The Marrone Law Firm, P.C.

Since 2015 · Serves 2 counties

Syracuse firm on East Washington Street with a by-appointment Watertown office, serving Central and Northern New York. Walks heirs and fiduciaries through Surrogate's Court from the petition to appoint the executor through the inventory, debts, distributions, tax returns, and final accounting; administers trusts for successor trustees; and litigates objections to probate, trust-validity contests, trustee removals, and accounting proceedings. Its planning side covers elder law, Medicaid trusts and applications, dementia planning, guardianship and special-needs planning, and elder care coordination.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 5 more

Office
506 East Washington Street, Suite ASyracuse, NY 13202
See all 9 firms serving Franklin County→

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.

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