What to Do When Someone Dies in Madison County, New York
Probate in Madison County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Madison County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Surrogate's Court
Madison County · 6th Judicial District
Address
Madison County Courthouse, 138 North Court StreetWampsville, NY 13163
Paper filing availableE-filing optionalSelf-filing allowed
Accepted paymentCredit card. Credit card via NYSCEF (2.99% administrative charge) or payment at the court; a filing is not complete until the fee is paid and is deleted if unpaid within 2 business days. Fees calculated under SCPA § 2402.
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. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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.
Local procedures at this court that affect cost: Payment deadline: 2 business days; 2.99% credit card charge. These are county-specific and not posted on the statewide court site.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Surrogate's Court accepts e-filing (https://iappscontent.courts.state.ny.us/NYSCEF/live/protocols/surrogates/protocolMadison.pdf). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors 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%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.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
Scan the original will (do not unstaple). After e-filing, submit the original paper will to the court within two (2) business days of e-filing. Do not e-file an attorney-certified copy.
Credit card. Credit card via NYSCEF (2.99% administrative charge) or payment at the court; a filing is not complete until the fee is paid and is deleted if unpaid within 2 business days. Fees calculated under SCPA § 2402.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, led by County Clerk Michael Keville, at 138 N Court Street, Building 4, Wampsville, NY 13163. Phone: (315) 366-2261. Hours: Mon-Fri 8:00 AM - 4:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
County Clerk
Madison County · County Clerk · Michael Keville
Address
138 N Court Street, Building 4Wampsville, NY 13163
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 — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, 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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more
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.
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.
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.
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.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 4 more
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.
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Madison County Guides
Step-by-step tools for families in Madison County, New York.
