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.
What to Do When Someone Dies in Montgomery County, New York
How probate works in Montgomery County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Montgomery County Surrogate's Court
Montgomery County · 4th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Montgomery County Courthouse, 58 Broadway, Fonda, NY 12068
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysE-filing through NYSCEF is mandatory in probate and administration proceedings, and related miscellaneous proceedings, commenced on or after August 16, 2017; guardianship and adoption are excluded. A proceeding begun on paper stays on paper. 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 at the court or may choose to e-file. Correspondence may be e-filed or emailed to the court.
Accepted payment
- At the counterCredit card.Fees are paid at the court in person or by mail, or by credit card through NYSCEF with no administrative fee. A filing paid at the court is not reviewed until payment in full is received.
P.O. Box 1500
Fonda, NY 12068
Verified October 16, 2026 · Source
How Probate Works in Montgomery 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 Montgomery County, probate runs through the Surrogate's Court at Montgomery County Courthouse, 58 Broadway, Fonda. The court sits in the 4th Judicial District. Probate e-filing in Montgomery County runs through nycourts.gov, not the iappscontent.courts.state.ny.us portal used by most New York counties.
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 Montgomery County
What probate costs in Montgomery 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 Montgomery County Courthouse, 58 Broadway, Fonda. The court is part of the 4th 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 Montgomery County, New York are filed at the Surrogate's Court. The court sits in the 4th 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 Montgomery County Self-Filing Assessment.
Montgomery 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 a petition, the filer searches the court's records and 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.
SourceRequest for Surrogate's Court Action first
Each e-filing begins with a new Request for Surrogate's Court Action uploaded as a standalone document. Certificates must be requested and paid for in advance.
SourceDocument Requirements
Original will and death certificate delivered, not e-filed
Original wills, codicils and death certificates are delivered directly to the court and are not e-filed.
SourceOther Requirements
Self-addressed stamped envelope for returns
Documents are returned by mail in a stamped self-addressed envelope with enough postage.
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 Montgomery County
In Montgomery 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
Montgomery 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
Montgomery County · Montgomery County Coroner Department
Phone
Office
20 Park Street, County Annex Building, Fonda, NY 12068
Website
Mail and offices
P.O. Box 1500
Fonda, NY 12068-1500
Verified November 3, 2026 · Source
Transferring Property in Montgomery 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 Montgomery County are recorded with the County Clerk at 64 Broadway, County Office Building, Fonda, NY 12068. Phone: 1-518-853-8111. Hours: Monday-Friday 8:30 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 1500, Fonda, NY 12068-1500.
The County Clerk charges $45 per document plus $5 for every page.
Montgomery County accepts electronic recording through ePN, Simplifile and CSC.
Recording Office Record
County Clerk
Montgomery County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
64 Broadway, County Office Building, Fonda, NY 12068
Website
E-recording
P.O. Box 1500
Fonda, NY 12068-1500
Fax
1-518-853-8116
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 Conveyance 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 Montgomery County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery 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 Montgomery 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.
Utica (Oneida County) firm handling probates and trust administration — proving the will and distributing property and assets under the will through a court-supervised process it puts at seven months to several years, and following a trust's instructions after the grantor's death without court oversight. Also covers wills and trusts, powers of attorney and health care proxies, Medicaid and long-term-care planning, and special-needs planning and guardianships for adults with a disability.
Schenectady solo practice serving families through the Schenectady County Surrogate's Court and four neighbouring counties. The office locates and values estate property, collects investment income, determines payment of claims, debts and taxes, prepares estate tax returns and distributes property to beneficiaries. Will challenges based on capacity, execution, undue influence or duress are handled in-house.
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.
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.
Binghamton (Broome County) firm tracing its lineage to 1898, with seven New York offices from Ithaca to Walton. Its trusts, estates and elder law group counsels executors, administrators and trustees through estate and trust administration, obtains Letters Testamentary and Letters of Administration, and litigates disputed executor appointments in Surrogate's Court.
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
- Montgomery County Surrogate's Court, official page
- Montgomery County Clerk, official page
- Montgomery 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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