What to Do When Someone Dies in Fulton County, New York

How probate works in Fulton County: the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Fulton County Surrogate's Court

Fulton County · 4th Judicial District

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

Fulton County Office Building, 223 West Main Street, Johnstown, NY 12095

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 October 17, 2018, 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 Fulton 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 Fulton County, probate runs through the Surrogate's Court at Fulton County Office Building, 223 West Main Street, Johnstown. 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 Fulton County

What probate costs in Fulton 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 Fulton County Office Building, 223 West Main Street, Johnstown. 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 Fulton 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 Fulton County Self-Filing Assessment.

Fulton 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; the non-proceeding relief version requests certified documents or certificates of appointment.

Source

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.

Source

Document Requirements

Affidavit of comparison e-filed; original will and death certificate delivered

An affidavit of comparison with a copy of the will and any codicils attached is e-filed, and the originals are delivered to the court with staples in place, or with an affidavit about any staples removed. Both sides of the death certificate are e-filed and the original is delivered to the court.

Source

Other 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.

Source

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 Coroner in Fulton County

In Fulton 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

Fulton County · State vital records office

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

Mail

New York State Department of Health Vital Records Certification Unit P.O. Box 2602 Albany, NY 12220-2602

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Fulton County · Fulton County Coroner's Office

Office

223 West Main Street, Room 11, Johnstown, NY 12095

Verified November 3, 2026 · Source

Transferring Property in Fulton 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 Fulton County are recorded with the County Clerk at 223 West Main Street, Johnstown, NY 12095. Phone: 1-518-736-5555. Hours: Monday-Friday 9:00 AM-5:00 PM.

The County Clerk charges $45 per document plus $5 for every page.

Recording Office Record

County Clerk

Fulton County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

223 West Main Street, Johnstown, NY 12095

Fax

1-518-736-5967

Verified October 17, 2026 · Source

Probate Attorneys Serving Fulton County

New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Fulton 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 Fulton 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.

FirmGloversville, NY

Abdella & Sise LLP

Since 1937 · Serves 7 counties

Gloversville firm with an Amsterdam office, practicing before the courts of Fulton, Montgomery, Saratoga, Schoharie, Albany, Schenectady and Hamilton counties. Patrick J. Glenn leads its probate work for executors: the probate petition, notice to interested parties, inventorying assets, settling debts and distributing the inheritance. The initial consultation is free.

PracticesEstate PlanningProbateCriminal DefensePersonal Injury

Office
8 W Fulton StreetGloversville, NY 12078
Free consultation

FirmUtica, NY

Compson & Pimpinella, PLLC

Since 2005

Utica (Oneida County) firm handling probates and trust administration — proving the will and distributing property and assets under the will through a court-supervised process it puts at seven months to several years, and following a trust's instructions after the grantor's death without court oversight. Also covers wills and trusts, powers of attorney and health care proxies, Medicaid and long-term-care planning, and special-needs planning and guardianships for adults with a disability.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more

Office
2310 Genesee StreetUtica, NY 13502

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 PlanningTrust AdministrationProbateTrust Litigationand 5 more

Office
43 British American BoulevardLatham, NY 12110
Free consultationVirtual consultations

FirmBinghamton, NY

Aswad & Ingraham, LLP

Serves the whole state

Binghamton (Broome County) general-practice firm on Front Street handling probate alongside civil litigation, real estate, banking and credit union law, commercial transactions, and labor relations. Represents business, banking, institutional and individual clients across New York State and in Pennsylvania. Holds an AV rating from the Martindale-Hubbell Law Directory.

PracticesProbate

Office
46 Front StreetBinghamton, NY 13905

FirmBinghamton, NY

Coughlin & Gerhart LLP

Since 1898 · Serves the whole state

Binghamton (Broome County) firm tracing its lineage to 1898, with seven New York offices from Ithaca to Walton. Its trusts, estates and elder law group counsels executors, administrators and trustees through estate and trust administration, obtains Letters Testamentary and Letters of Administration, and litigates disputed executor appointments in Surrogate's Court.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
99 Corporate DriveBinghamton, NY 13904

FirmAlbany, NY

Ettinger Law Firm

Since 1991 · Serves the whole state

New York elder law and estate planning firm working from twelve offices — Albany, five on Long Island, three in the Mid-Hudson Valley, New City and White Plains, and Staten Island. Guides executors and families through probate and estate administration, and handles trusts built to keep an estate out of Surrogate's Court, Medicaid asset protection, Medicaid applications and estate tax savings. Nine lawyers and seventeen paralegals and support staff, practicing since 1991; consultations are no-cost, virtual or in person, and the firm takes uncontested probate only.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
125 Wolf Road, Suite 225Albany, NY 12205
Free consultationVirtual consultations
See all 8 firms serving Fulton 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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Legal Sources

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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.

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