For most Oneida County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Oneida County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Oneida County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Oneida County property passes through the Surrogate's Court — even simple New York probates run 7+ months and start with $45 in filing fees.
A transfer on death deed names a beneficiary who receives Oneida County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Aug 24, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Aug 24, 2026View source.
Deeds and other real property documents for Oneida County are recorded with the County Clerk, led by County Clerk Mary Finegan, at 800 Park Avenue, Utica, NY 13501. Phone: (315) 798-5776. Hours: Monday - Friday 8:30 AM - 4:30 PM; In-person filings accepted until 4:15 PM.
The County Clerk charges $45 per document plus $5 for every page. Recording a 2-page transfer on death deed in Oneida County comes to $55. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Oneida County · County Clerk · Mary Finegan
Address
Phone
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
FirmUtica, NY
Utica firm on Genesee Street, in the Oneida County seat where the county Surrogate's Court sits. Andrew J. Hobika (admitted 1996) and Joseph H. Hobika, Jr. (admitted 1986) both register the practice there with the state court system. The firm no longer publishes a website, so call the office directly.
PracticesEstate PlanningEstate Administration
FirmUtica, NY
Utica firm with offices in Boonville and Lowville whose post-death side handles probate and trust administration, staffed by a dedicated probate paralegal alongside the attorneys. Its planning side covers wills, powers of attorney and health care proxies, revocable and asset-protection trusts, nursing-home and Medicaid planning, tax planning, and special-needs planning. Partner Robert K. Hilton III has helped over 600 families protect assets or qualify for Medicaid and has prevailed in over 50 Medicaid fair hearings.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more
FirmRome, NY
Elder law and estate planning firm with offices in Rome (Oneida County) and Ilion (Herkimer County). Its three attorneys, led by a Certified Elder Law Attorney with over 25 years in practice, handle probate and estate administration, guardianships, estate litigation, and crisis Medicaid and long-term care planning.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 4 more
FirmUtica, NY
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 4 more
FirmSyracuse, NY
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
Solo PracticeOneida, NY
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.
PracticesEstate PlanningEstate AdministrationProbateElder LawMedicaid Planning
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.
Estate planning articles for New York.
Forms and tools for property owners in Oneida County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for New York.
