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.
What to Do When Someone Dies in Franklin County, New York
How probate works in Franklin County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Franklin County Surrogate's Court
Franklin County · 4th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Franklin County Court, 355 West Main Street, Malone, NY 12953
Website
E-filing
Self-represented filing
Allowed
Self-help forms
Filing
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in every type of proceeding commenced on or after August 16, 2017, except guardianship and adoption proceedings. Self-represented filers are exempt under 22 NYCRR 207.4-aa(e)(1) and CPLR 2111(b)(1) and may choose to e-file. Proceedings begun on paper before that date stay on paper to the end. On paper: Guardianship proceedings; Adoption proceedings.
Accepted payment
- At the counterCredit card.Fees can be paid at the court in person or by mail, or by credit card through NYSCEF with no administrative fee. Papers paid at the court are not filed or reviewed until payment is received.
Verified October 16, 2026 · Source
How Probate Works in Franklin 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 Franklin County, probate runs through the Surrogate's Court at Franklin County Court, 355 West Main Street, Malone. The court sits in the 4th 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 Franklin County
What probate costs in Franklin 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 Franklin County Court, 355 West Main Street, Malone. The court is part of the 4th 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 Franklin County, New York are filed at the Surrogate's Court. The court sits in the 4th Judicial District.
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 Franklin County Self-Filing Assessment.
Franklin 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
Search the court's records and NYSCEF before filing
Before starting a petition, search the court's case system and NYSCEF by the decedent's last name and first initial to see whether a file is already open.
SourceDocument Requirements
Original will and death certificate delivered to the court
Both sides of the death certificate are e-filed, and the original is delivered to the court with a stamped self-addressed envelope. Original wills and codicils are delivered to the court with staples in place, or with an affidavit about any staples removed.
SourceOther Requirements
Stamped self-addressed envelope for returned documents
Requested documents are returned in a stamped self-addressed envelope. Without one, the court asks the filer to pick them up at the clerk's office during business hours.
SourceWhat 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 Coroner in Franklin County
In Franklin 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
Franklin 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
Coroner
Franklin County · Franklin County Coroners
Phone
Verified November 3, 2026 · Source
Transferring Property in Franklin 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 Franklin County are recorded with the County Clerk at 355 West Main Street, Suite 248, Malone, NY 12953. Phone: 1-518-481-1681. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 70, Malone, NY 12953.
The County Clerk charges $45 per document plus $5 for every page.
Franklin County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
County Clerk
Franklin County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
355 West Main Street, Suite 248, Malone, NY 12953
Website
E-recording
P.O. Box 70
Malone, NY 12953
Fax
1-518-483-9143
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax ReturnNot required for a TOD deed | $5 |
| 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 |
| Deed Notice of Transfer of Sale Fee (RPL § 291)Required with most deeds | $10 |
| 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 Franklin County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Franklin 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 a Franklin 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.
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.
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.
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.
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.
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.
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
- Franklin County Surrogate's Court, official page
- Franklin County Clerk, official page
- Franklin 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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