Probate in Niagara 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 Niagara 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
Niagara County · 8th Judicial District
Address
Phone
Fax
Hours
Verified July 4, 2026 · Source
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 Niagara County, probate runs through the Surrogate's Court at Niagara County Courthouse, 175 Hawley Street, Lockport. The court sits in the 8th 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 Niagara 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 Niagara County Courthouse, 175 Hawley Street, Lockport. The court is part of the 8th Judicial District.
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.
E-filing is mandatory for attorneys filing at the Surrogate's Court. Self-represented filers can request a paper-filing exemption.
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.
If you're handling probate yourself in Niagara County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 8th Judicial District.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Niagara County, families handling probate themselves are exempt and can file on paper.
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.
For a full cost comparison and filing checklist, see the Niagara County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Self-represented litigants exempt from e-filing
Self-represented (pro se) litigants are exempt from mandatory e-filing per Uniform Rule § 207.4-aa(e)(1). May file in paper format at the court or voluntarily participate in NYSCEF.
SourceTo 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.
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 Niagara County are recorded with the County Clerk, led by County Clerk Joseph A. Jastrzemski, at 175 Hawley Street, 1st Floor, Lockport, NY 14095. Phone: (716) 439-7022. Hours: Monday - Friday 9:00 AM - 5:00 PM; Recording Hours: 9:30 AM - 4:30 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
Niagara County · County Clerk · Joseph A. Jastrzemski
Address
Phone
Fax
Hours
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax Return | $5 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural) | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other) | $250 |
| Transfer tax on a TOD deed | Exempt |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified September 8, 2026 · Source
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Niagara 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 Niagara 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.
FirmBuffalo, NY
Buffalo firm in the Elmwood Village, practising in Erie County and across Western New York since 1933. Handles probate proceedings and estate administration end to end, Article 81 guardianships, wills and trusts, and Medicaid and long-term-care planning.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
Solo PracticeNiagara Falls, NY
Niagara Falls solo practice filing for families in the Niagara County Surrogate's Court at Lockport. Gaines handles probate administration for executors - preparing the court paperwork, communicating with the court, and dealing with disputes that surface during probate - alongside will drafting, powers of attorney and health care proxies.
PracticesEstate PlanningEstate AdministrationProbateFamily Lawand 2 more
FirmNiagara Falls, NY
Niagara Falls firm handling estate and trust settlements for families filing in the Niagara County Surrogate's Court. The practice walks an executor through appointment, inventorying assets the decedent held in their own name, tracking down digital and safe-deposit records, paying credit-card and hospital debts, and distributing what remains to beneficiaries.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more
FirmBuffalo, NY
Buffalo elder law firm on Cayuga Road with satellite offices in East Aurora and Lockport. Its estate side opens testate and intestate proceedings, locates heirs and notifies them of their right to object to the executor's appointment, works with the executor to inventory assets and fix date-of-death values, then prepares the accounting and the papers that release the executor and close the estate. Twelve attorneys, six of them partners, concentrate in elder law and estate work rather than general practice.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
Solo PracticeWilliamsville, NY
Williamsville estate practice on Main Street, working the Erie County and Niagara County Surrogate's Courts. Opens the estate on the nominated executor's petition and carries it through asset collection and distribution, and handles estates where assets arrive after death or where the estate must take on a legal proceeding. Also drafts wills, trusts, powers of attorney and health care documents.
PracticesEstate PlanningEstate AdministrationProbate
FirmLockport, NY
Lockport firm covering Niagara County — North Tonawanda, Lockport and Niagara Falls — with three partners. For an estate it handles the probate proceeding, in which a surrogate's court validates the will and oversees distribution, and sees that the assets named in it, from personal property to retirement plans and bank accounts, reach the descendants or surviving spouse. Its elder-law side covers Medicaid eligibility and guardianship for seniors.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
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.
Data sourced from New York statutes and official state code. How we research.
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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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