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

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

Probate Court Record

Madison County Surrogate's Court

Madison County · 6th Judicial District

Hours

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

Office

Madison County Courthouse, 138 North Court Street, Wampsville, NY 13163

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalE-filing through NYSCEF is consensual in administration, probate, guardianship and small estate (voluntary administration) proceedings, and lifetime trust matters are outside the program. The court accepts e-filed documents in estates begun on paper. Self-represented filers are not required to e-file. On paper: Lifetime trusts.

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file. Procedural questions go to the court by email or phone.

Accepted payment

  • At the counterCredit card.Fees are paid at the court in person or by mail, or by Visa or MasterCard through NYSCEF with a 2.99% administrative charge. A filing marked pay at court is deleted if the fee is not received within two business days, and certificate requests are paid when made.

Self-help center

  • Self-help service1-607-240-5954 · Monday-Friday 9:00 AM-4:00 PMThe Sixth Judicial District Help Center gives free help to people without lawyers with forms and court procedure, but not legal advice. Its walk-in locations are in Broome, Chemung, Cortland and Tompkins counties.

Verified October 16, 2026 · Source

How Probate Works in Madison 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 Madison County, probate runs through the Surrogate's Court at Madison County Courthouse, 138 North Court Street, Wampsville. The court sits in the 6th 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 Madison County

What probate costs in Madison 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 Madison County Courthouse, 138 North Court Street, Wampsville. The court is part of the 6th 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 documents in Madison County can be filed in person at the Surrogate's Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 6th Judicial District.

The Sixth Judicial District Help Center gives free help to people without lawyers with forms and court procedure, but not legal advice. Its walk-in locations are in Broome, Chemung, Cortland and Tompkins counties.

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 Madison County Self-Filing Assessment.

Madison 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 case name is entered as signed on the will, with no punctuation or spaces, and other names as AKAs.

Source

Document Requirements

Original will within two business days

The original will is scanned without being unstapled and filed in paper within two business days of e-filing. A staple affidavit is included if staples were removed, or an affidavit that the will was never stapled.

Source

Death certificate: no hard copy required

Both sides of the death certificate are e-filed, and no original is delivered unless the court asks for it.

Source

Family tree on all new proceedings

A family tree is filed with every new proceeding. Where there is a sole distributee, the form is not signed by that person or their spouse or children.

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 Madison County

In Madison 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

Madison 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

Madison County · Madison County Coroner, District Attorney's Office

Verified November 3, 2026 · Source

Transferring Property in Madison 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 Madison County are recorded with the County Clerk at 138 North Court Street, Building 4, Wampsville, NY 13163. Phone: 1-315-366-2261. Hours: Monday-Friday 8:00 AM-4:00 PM.

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

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

Recording Office Record

County Clerk

Madison County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

138 North Court Street, Building 4, Wampsville, NY 13163

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
Notice of Transfer of Sale/Ownership 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 Madison County

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

Syracuse firm founded in 1993 to focus exclusively on estate and long-term planning, serving Onondaga, Madison, Oneida, Cortland, Oswego and Cayuga counties. Walks executors and administrators through Onondaga County Surrogate's Court — petitioning for Letters Testamentary or Letters of Administration, requesting Preliminary Letters for urgent tasks, small-estate voluntary administration under $50,000, and marshaling assets into an estate account. Also handles living trust administration and funding, irrevocable trusts, and Medicaid and elder-law planning.

Since 1993Serves 6 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawAsset ProtectionMedicaid Planning

Syracuse firm of twelve attorneys with offices in Auburn and Chittenango, guiding families through New York probate court, including estates where there is no will and the administrator must distribute under New York intestacy law, and estates where a will fails the state's execution requirements. Also drafts wills and powers of attorney. Gary J. Valerino manages the estate planning and administration practice with Paula M. Highers. Consultations are free.

Serves 7 countiesFree consultationEstate PlanningProbate

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

Downtown Oneida (Madison County) firm serving central New York since 2001, with a second office in Hamilton. Handles probate and estate administration, wills and revocable and irrevocable trusts, Medicaid planning, powers of attorney, health care proxies, and life estates. Free initial consultation.

Since 2001Serves 2 countiesFree consultationEstate PlanningProbateElder LawMedicaid Planning

Syracuse (Onondaga County) firm representing executors, administrators, trustees and beneficiaries across Central New York in the Surrogate's Courts. Handles probate and estate administration and litigates objections to a will or a trust, alongside estate planning, wills and trusts, and Medicaid trusts.

Estate PlanningProbateProbate LitigationTrust LitigationTax Planning+2

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

See all 11 firms serving Madison 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