Small-town general practice with offices in Warsaw (Wyoming County) and Nunda (Livingston County), formed in 2017. Commences estate proceedings for families, probates wills, works through estate administration and the final distribution, and addresses estate and income tax concerns. Founding partner Theron A. Foote has practiced in Western New York for fifty years.
What to Do When Someone Dies in Livingston County, New York
How probate works in Livingston County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Livingston County Surrogate's Court
Livingston County · 7th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
2 Court Street, Geneseo, NY 14454
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys e-file through NYSCEF in all administration, probate and related proceedings, including small estates. Guardianship and lifetime trust 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. On paper: Guardianship (e-filing optional); Lifetime trusts (e-filing optional).
Self-represented filing
AllowedSelf-represented filers file on paper at the court or may choose to e-file. The court's forms page links the statewide and do-it-yourself Surrogate's Court forms.
Accepted payment
- At the counterCredit card, Check, Money order.Personal checks are not accepted; attorney checks, business (estate) checks, money orders and certified checks are, in person or by mail. Fees in e-filed cases may also be paid by Visa, MasterCard or American Express through NYSCEF, with a 2.99% card fee.
County forms
- Informal Estate Settlement FormsForms for settling an estate informally, without a court accounting.
- Affidavit to Re-Open EstateReopening a closed estate file.
- Application for Access to Certain Records (Rule 64)Asking for access to records that are not open to the public.
Fax
1-585-371-3936
Verified October 16, 2026 · Source
How Probate Works in Livingston 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 Livingston County, probate runs through the Surrogate's Court at 2 Court Street, Geneseo. The court sits in the 7th 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 Livingston County
What probate costs in Livingston 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 2 Court Street, Geneseo. The court is part of the 7th 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 Livingston County, New York are filed at the Surrogate's Court. The court sits in the 7th 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 Livingston County Self-Filing Assessment.
Livingston 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.
SourceCase name as signed on the will
The case name is entered exactly as the signature on the will, with no punctuation or spaces. A different name on the death certificate is added as an AKA.
SourceDocument Requirements
Original will after e-filing; unstapling permitted
The original will is scanned for e-filing and may be unstapled without a staple affidavit, then delivered to the court in hard copy. A filer may instead deliver the unscanned original with a note on the Request for Action form, and the court uploads the image.
SourceDeath certificate: no hard copy required
Both sides of a certified copy of the death certificate are e-filed, and the court accepts the image without a hard copy.
SourceOther Requirements
Fingerprinting for guardians and adoptive parents
Proposed guardians and adoptive parents book electronic fingerprinting through IdentoGO at 877-472-6915 using the court's ORI number NY922433Z.
SourceWhat 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 Livingston County
In Livingston 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
Livingston County · State vital records office
Phone
Website
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
New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602
Certified copy fees
| First certified copy | $30 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Livingston County · Livingston County Coroners
Phone
Verified November 3, 2026 · Source
Transferring Property in Livingston 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 Livingston County are recorded with the County Clerk at 6 Court Street, Room 201, Government Center, Geneseo, NY 14454. Phone: 1-585-243-7010. Hours: Monday-Wednesday, Friday 8:00 AM-4:00 PM; Thursday 8:00 AM-6:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
County Clerk
Livingston County
Phone
Hours
Monday-Wednesday, Friday 8:00 AM-4:00 PM; Thursday 8:00 AM-6:00 PM
Office
6 Court Street, Room 201, Government Center, Geneseo, NY 14454
Website
Fax
1-585-243-7928
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 |
| Conveyance Letter Fee (RPL § 291)Required with most deeds | $10 |
| Transfer tax on a TOD deed | TOD 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 Livingston County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Livingston 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 Livingston 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.
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.
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.
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.
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.
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.
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)·
- N.Y. SCPA § 2402(1), (2), (7)
- 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)
- SCPA § 1408 (court must inquire into all facts before admitting a will to probate)
- SCPA § 2307
- SCPA 1802, 1803, 1810, 1811; EPTL 11-1.5
- CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
- Livingston County Surrogate's Court, official page
- Livingston County Clerk, official page
- Livingston County vital records and death investigation offices, official page
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
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