How probate works in Niagara County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Niagara County · 8th Judicial District
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Verified October 16, 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. Probate e-filing in Niagara County runs through iapps.courts.state.ny.us, 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 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 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.
Probate cases in Niagara County, New York are filed at the Surrogate's Court. The court sits in the 8th Judicial District.
Beside the filing office, the court lists a separate line for Chief Clerk.
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 Niagara County Self-Filing Assessment.
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.
In Niagara 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
Niagara County · State vital records office
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| First certified copy | $30 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Niagara County · Niagara County Coroners
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Verified November 3, 2026 · Source
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 at 175 Hawley Street, 1st Floor, Lockport, NY 14095. Phone: 1-716-439-7022. Hours: Monday-Friday 9:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 461, Lockport, NY 14095-0461.
The County Clerk charges $36 for the first page plus $3 for each additional page.
Niagara County accepts electronic recording.
Recording Office Record
Niagara County
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| Base fee (first page) | $36 |
| Each additional page | $3 |
| 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 |
| Residential Deed Owner-Notice 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
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, 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 PlanningProbateElder LawGuardianshipand 2 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 PlanningProbateFamily LawPersonal InjuryReal Estate
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 PlanningTrust AdministrationProbateElder Lawand 2 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 PlanningProbateElder LawGuardianshipand 2 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 PlanningProbate
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 PlanningProbateElder LawGuardianshipand 2 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. Fee percentages are modeled estimates; each figure's note says how. How we research.
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.
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.
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.
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.
Browse vetted New York attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see New York attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether New York lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
