Estate Planning & Probate in Hamilton County, New York
There are two reasons people look up Hamilton County probate: to keep a family out of it, or to get a loved one's estate through it. This page points you to the right path—planning ahead, or settling an estate at the Surrogate's Court.
Someone died — settling an estate
Filing probate at the Surrogate's Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Hamilton County →Planning ahead as a property owner
Keep a Hamilton County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Hamilton County →The Probate Process in Hamilton 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 Hamilton County, probate runs through the Surrogate's Court at 139 White Birch Lane, Indian Lake. The court sits in the 4th Judicial District.
Full Hamilton County probate guide: cost, how to file & attorneys →Probate Court Record
Hamilton County Surrogate's Court
Hamilton County · 4th Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Hamilton County →
Verified October 16, 2026 · Source
Recording Office Record
County Clerk
Hamilton County
Phone
Hours
Office
Website
Recording fee
Verified October 17, 2026 · Source
Vital Records Office Record
New York State Department of Health - Vital Records Section
Hamilton County · State vital records office
Phone
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Hamilton County · Hamilton County Coroners
Website
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Surrogate's Court
Before an initial e-filing, the filer searches NYSCEF on the decedent's last name with the first initial. The court is also asked whether another will is on file for safekeeping. The case name is entered exactly as the name on the will, with no punctuation or spaces. A different name on the death certificate or signature is added as an AKA.
Forms for Planning and Settling an Estate in New York
Free New York forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for New York.
Last Will and Testament
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.
Financial Power of Attorney
New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in New York
Free calculators and checklists to plan or settle an estate in New York: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In New York, estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less use the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in New York, a surviving spouse takes the first $50,000 plus half of the restEPTL § 4-1.1Verified Oct 21, 2026View source when a child or other descendant survives, and descendants divide what passes to them per capita at each generationEPTL § 4-1.1; EPTL § 1-2.16Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in New York costs an estimated $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
New York Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Hamilton County.
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