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

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

Probate Court Record

Hamilton County Surrogate's Court

Hamilton County · 4th Judicial District

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

139 White Birch Lane, Indian Lake, NY 12842

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing through NYSCEF is mandatory in every proceeding commenced on or after May 26, 2021, except guardianship and adoption. A proceeding begun on paper stays on paper to its end. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may choose to e-file. On paper: Guardianship proceedings; Adoption proceedings.

Self-represented filing

AllowedSelf-represented filers file on paper with the clerk's office in Indian Lake or may choose to e-file.

Accepted payment

  • At the counterCredit card.Fees are paid by credit card through NYSCEF at the time of filing, or at the court in person or by mail; NYSCEF charges no fee of its own. A filing is not processed until the fee is paid.

Verified October 16, 2026 · Source

How Probate Works 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.

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 Hamilton County

What probate costs in Hamilton 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 139 White Birch Lane, Indian Lake. The court is part of the 4th Judicial District.

Procedures at this court that affect cost: Fees paid at the court within two weeks.

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 Hamilton County, New York are filed at the Surrogate's Court. The court sits in the 4th Judicial District.

Beside the filing office, the court lists a separate line for Court sessions.

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 Hamilton County Self-Filing Assessment.

Hamilton 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 for an open file before filing

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.

Source

Case name as it appears on the will

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.

Source

Document Requirements

Original will within two business days

The will is e-filed without being unstapled, and the original paper will is filed with the court within two business days.

Source

No hard-copy death certificate

The court does not require a hard copy of the certified death certificate when a certified copy is e-filed through NYSCEF.

Source

Other Requirements

Self-addressed stamped envelope for returns

Documents are returned by mail in a stamped self-addressed envelope. Without one, the court arranges pickup at the clerk's office.

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 Hamilton County

In Hamilton 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

Hamilton 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

Hamilton County · Hamilton County Coroners

Verified November 3, 2026 · Source

Transferring Property in Hamilton 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 Hamilton County are recorded with the County Clerk at 102 County View Drive, Lake Pleasant, NY 12108. Phone: 1-518-548-7111. Hours: Monday-Friday 8:30 AM-4:30 PM.

Documents submitted by mail go to P.O. Box 204, Lake Pleasant, NY 12108.

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

Hamilton County accepts electronic recording through Simplifile, ePN, CSC and Indecomm.

Recording Office Record

County Clerk

Hamilton County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

102 County View Drive, Lake Pleasant, NY 12108

Mail

P.O. Box 204 Lake Pleasant, NY 12108

Fax

1-518-548-9740

Verified October 17, 2026 · Source

Probate Attorneys Serving Hamilton County

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

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 PlanningProbate

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 PlanningProbateGuardianshipReal Estate

Office
142 Margaret StreetPlattsburgh, NY 12901

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

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 PlanningTrust AdministrationProbateElder Lawand 4 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 PlanningTrust AdministrationProbateTrust 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 PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
506 East Washington Street, Suite ASyracuse, NY 13202
See all 11 firms serving Hamilton 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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