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

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

Probate Court Record

Lewis County Surrogate's Court

Lewis County · 5th Judicial District

Hours

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

Office

Lewis County Courthouse, 7660 North State Street, 2nd Floor, Lowville, NY 13367

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysEvery proceeding type this court takes is subject to mandatory e-filing through NYSCEF unless an exemption applies. Adoption, surrogacy and person-only Article 17 guardianship go to Lewis County Family Court, and Article 81 and 82 guardianships to Supreme Court. Self-represented filers are always exempt and may choose to e-file. On paper: Adoption, surrogacy and person-only Article 17 guardianship (filed in Family Court); Article 81 and Article 82 guardianship (filed in Supreme Court).

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file, and a NYSCEF notice of intent to cease e-filing ends that participation.

Accepted payment

  • At the counterCredit card, Debit card, Check, Money order, Cash.Fees are paid by credit or debit card through NYSCEF or in person, by check or money order in person or by mail, or in cash in person, with exact change suggested. A filing marked pay at court may be rejected if payment does not arrive within seven business days.

Verified October 16, 2026 · Source

How Probate Works in Lewis 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 Lewis County, probate runs through the Surrogate's Court at Lewis County Courthouse, 7660 North State Street, 2nd Floor, Lowville. The court sits in the 5th Judicial District. The same 5th Judicial District also serves Herkimer, Jefferson, Oneida, Onondaga and Oswego.

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 Lewis County

What probate costs in Lewis 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 Lewis County Courthouse, 7660 North State Street, 2nd Floor, Lowville. The court is part of the 5th 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 Lewis County, New York are filed at the Surrogate's Court. The court sits in the 5th 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 Lewis County Self-Filing Assessment.

Lewis 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 before filing

Before e-filing a new matter, the filer searches the court's records by name on WebSurrogate, which holds the public records since 2014 and the wills held for safekeeping. A matter on WebSurrogate but not in NYSCEF may still be e-filed.

Source

Document Requirements

Original will after e-filing

The court receives the original will, codicils and exemplified documents from other courts after they are e-filed, and may require a staple affidavit if a will was unstapled. Birth and death certificates are e-filed front and back, and the court asks for an original only when needed.

Source

Family tree and attorney certification

The family tree form is filed with both pages, including prior spouses and the parents of the decedent. Attorneys filing a new petition include the New York State attorney certification form, and the Request for Surrogate's Court Action form and working copies are not used here.

Source

Court Appearances

Virtual appearances by request

The Surrogate reviews each request for a virtual appearance, which is made by email to the chief clerk.

Source

Other Requirements

Envelopes for small estate notices

A voluntary administration (small estate) filing includes pre-addressed, stamped envelopes for the notices, or the court may ask for postage.

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 Lewis County

In Lewis 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

Lewis 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

Lewis County · Lewis County District Attorney, the County Coroner

Office

7660 North State Street, Lowville, NY 13367

Verified November 3, 2026 · Source

Transferring Property in Lewis 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 Lewis County are recorded with the County Clerk at 7660 North State Street, County Courthouse, Lowville, NY 13367. Phone: 1-315-376-5333. Hours: Monday-Friday 8:30 AM-4:30 PM.

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

Lewis County accepts electronic recording through Simplifile, CSC and ePN.

Recording Office Record

County Clerk

Lewis County

Hours

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

Office

7660 North State Street, County Courthouse, Lowville, NY 13367

Fees

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
291 Notification Fee (RPL § 291)Required with most deeds$10
Transfer tax on a TOD deedTOD 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 Lewis County

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

Watertown practice founded in 1985, serving Jefferson, Lewis and St. Lawrence counties in the North Country. Assists fiduciary clients with all aspects of estate and trust administration: preparing court documents, marshalling assets, opening bank accounts, bookkeeping, tax returns, accounting and closure. Home visits offered when needed.

Solo PracticeSince 1985Serves 3 countiesEstate PlanningTrust AdministrationProbate

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.

Since 2022Estate PlanningProbate

Utica (Oneida County) firm whose probate specialty spans more than 30 years, serving Oneida, Herkimer, Madison, Onondaga and Lewis counties. Knows the Surrogate's Courts of the 5th and 6th Judicial Districts; files the petition, inventories the property, pays debts and taxes, and transfers the remaining assets to beneficiaries.

Serves 5 countiesProbate

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.

Since 2012Serves 2 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

Solo practitioner in Oneida (Madison County) serving Central New York — Oneida, Rome, Utica, Syracuse, Chittenango, New Hartford, Whitesboro and Lowville. Takes wills through Surrogate's Court probate and handles administration where there is no will, gathering assets, paying outstanding bills and final and administrative expenses, and distributing what remains to the beneficiaries or statutory distributees. Also handles wills, powers of attorney, health care proxies and HIPAA authorizations, and Medicaid applications, fair hearings and crisis planning, alongside a general civil practice.

Solo PracticeServes 4 countiesEstate PlanningProbateElder LawMedicaid Planning

See all 13 firms serving Lewis 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.

Legal Sources

(9)·

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

Hire a New York Probate Attorney

Browse vetted New York attorneys handling probate matters.

Browse firms

All New York tools