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

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

Probate Court Record

Genesee County Surrogate's Court

Genesee County · 8th Judicial District

Hours

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

Office

1 West Main Street, Suite 200, Batavia, NY 14020

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysAttorneys e-file through NYSCEF in administration, probate and small estate proceedings commenced on or after December 28, 2021, and a paper filing by an attorney is returned. Guardianship matters may be e-filed but need not be. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may file on paper or choose to e-file. On paper: Guardianship (e-filing optional).

Self-represented filing

AllowedSelf-represented filers may file on paper at the court or e-file through the NYSCEF unrepresented litigant portal. The court's local forms include a voluntary administration (small estate) packet.

Accepted payment

  • At the counterCredit card.Fees may be paid by credit card through NYSCEF at the time of filing, or at the court; NYSCEF charges no fee of its own. A filing paid at the court is not processed until payment is received in full.

Verified October 16, 2026 · Source

How Probate Works in Genesee 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 Genesee County, probate runs through the Surrogate's Court at 1 West Main Street, Suite 200, Batavia. 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 Genesee County

What probate costs in Genesee 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 1 West Main Street, Suite 200, Batavia. 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 Genesee County, New York are filed at the Surrogate's Court. The court sits in the 8th 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 Genesee County Self-Filing Assessment.

Genesee County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Document Requirements

Original will within two business days

The filer scans the will for e-filing and may unstaple it. The original paper will is filed with the court within two business days of e-filing.

Source

Original death certificate not required

The court does not require the original death certificate. E-filing the original or an attorney-certified copy is sufficient, and additional copies are not mailed to the court.

Source

Records Access

Wills held for safekeeping

A will is filed for safekeeping at no charge in a sealed 4 x 9 1/2 inch envelope after a WebSurrogate search for an earlier will. The court transfers a held will only to the court where probate is intended, by registered mail for a $10.15 charge.

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 Genesee County

In Genesee 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

Genesee 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

Genesee County · Genesee County Coroners

Verified November 3, 2026 · Source

Transferring Property in Genesee 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 Genesee County are recorded with the County Clerk at 15 Main Street, Batavia, NY 14020. Phone: 1-585-815-7802. Hours: Monday-Friday 8:30 AM-5:00 PM.

Documents submitted by mail go to Genesee County Clerk, County Building 1, P.O. Box 379, Batavia, NY 14021-0379.

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

Genesee County accepts electronic recording through CSC and Simplifile.

Recording Office Record

County Clerk

Genesee County

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

15 Main Street, Batavia, NY 14020

Mail

Genesee County Clerk County Building 1 P.O. Box 379 Batavia, NY 14021-0379

Fax

1-585-344-8521

Verified October 17, 2026 · Source

Probate Attorneys Serving Genesee County

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

FirmBatavia, NY

Cole, Sorrentino, Hurley, Hewner & Gambino, P.C.

Serves 3 counties

Batavia (Genesee County) office of a Western New York firm with further offices in Buffalo and Hamburg, serving individuals and families throughout Genesee County and the surrounding communities. Advises on estate administration, trust administration and probate administration, and litigates contested wills and estates over the disposition of personal and real property. Partner Thomas F. Hewner has handled thousands of estates and served as counsel to the Public Administrator of Erie County.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
81 Main StreetBatavia, NY 14020

FirmCanandaigua, NY

The Whitcomb Law Firm, P.C.

Serves 7 counties

Canandaigua firm representing personal representatives, executors and trustees through Ontario County Surrogate's Court administration, with a second office in Geneva. The practice handles both probate and non-probate assets, including assets held in trust, and represents beneficiaries and estate creditors. It also litigates contested estates - will contests, breach of fiduciary duty and trust disputes - on either side.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 8 more

Office
51 N Main StreetCanandaigua, NY 14424

Solo PracticeCanandaigua, NY

Kenyon & Kenyon

Canandaigua practice on North Street concentrating on elder law, estate and trust planning and administration, and long-term-care and disability planning. Edward C. "Russ" Kenyon has spent over 30 years helping clients with estates, trusts, Medicaid, and long-term-care plans, and is a member of the National Academy of Elder Law Attorneys. The firm returned under the Kenyon & Kenyon name on March 1, 2025.

PracticesEstate PlanningTrust AdministrationProbateElder Law

Office
11 North Street, Suite 100Canandaigua, NY 14424

FirmRochester, NY

Weinstein & Randisi

Rochester (Monroe County) estate planning and elder law firm, serving communities across New York for more than 60 years. Handles estate, probate, and trust administration, estate litigation, guardianships and conservatorships, Medicaid planning, and veterans benefits. Bills flat fees and does not charge for phone calls or meetings.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
290 Linden Oaks, Suite 200Rochester, NY 14625
Free consultation

FirmLake Success, NY

Abrams Fensterman, LLP

Since 2000 · Serves 9 counties

Lake Success (Nassau County) firm guiding executors, administrators, trustees and beneficiaries through New York Surrogate's Court — probate, estate and trust administration, and contested estates and objections to a will or to fiduciary conduct. Also handles estate planning, retirement-distribution planning, Medicaid and elder law. Absorbed the Berwitz & DiTata estate practice.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
3 Dakota Drive, Suite 300Lake Success, NY 11042

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
See all 10 firms serving Genesee 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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