What to Do When Someone Dies in Onondaga County, New York

How probate works in Onondaga County: the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Onondaga County Surrogate's Court

Onondaga County · 5th Judicial District

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

Onondaga County Courthouse, 401 Montgomery Street, Syracuse, NY 13202

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysAdministration, probate, small estate and lifetime trust proceedings, and the matters related to them, are filed through NYSCEF. Guardianship proceedings are not e-filed. A self-represented filer is exempt and files on paper. On paper: Guardianship (not e-filed); Self-represented filers (exempt).

Self-represented filing

AllowedThe Volunteer Lawyers Project of Onondaga County holds an in-person Surrogate's Court clinic every two weeks, by appointment at (315) 471-3409. DIY forms cover small estates, safe-deposit boxes and guardianships.

Accepted payment

  • At the counterCredit card.Fees are paid by credit card (Visa, MasterCard, American Express) through NYSCEF with a 2.99% transaction fee, or at the court in person or by mail. Certificates, certifications and exemplifications are paid for when requested.

Self-help center

  • Law Library and Help Center, 5th floor, 401 Montgomery StreetMonday-Friday 8:30 AM-4:00 PMThe Help Center gives self-represented court users guidance on court procedures, sample forms and referrals, and a law librarian helps with legal research. The Surrogate's Court office in Room 209 has the uniform forms and instructions.

Verified October 16, 2026 · Source

How Probate Works in Onondaga 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 Onondaga County, probate runs through the Surrogate's Court at Onondaga County Courthouse, 401 Montgomery Street, Syracuse. The court sits in the 5th Judicial District. Onondaga County shares the 5th Judicial District with Herkimer, Jefferson, Lewis, Oneida and Oswego.

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 Onondaga County

What probate costs in Onondaga 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 Onondaga County Courthouse, 401 Montgomery Street, Syracuse. The court is part of the 5th 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 Onondaga County, New York are filed at the Surrogate's Court. The court sits in the 5th Judicial District.

The Help Center gives self-represented court users guidance on court procedures, sample forms and referrals, and a law librarian helps with legal research. The Surrogate's Court office in Room 209 has the uniform forms and instructions.

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 Onondaga County Self-Filing Assessment.

Onondaga 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

Working copies over 30 pages

The court requires an exact hard-copy working copy of every e-filed document longer than 30 pages.

Source

Document Requirements

Original will before the court reviews an e-filing

A copy of the will is e-filed and the original paper will, staples intact, is submitted to the court. The court does not review an e-filed proceeding until the original will is received.

Source

Death certificate image accepted

An e-filed image of the certified death certificate is accepted as proof of death. A hard copy is needed only in a voluntary administration (small estate).

Source

Exemplified originals in ancillary proceedings

In an ancillary proceeding, the original exemplified copies with the raised seal are filed with the court and a copy is e-filed.

Source

Getting to the Surrogate's Court

Bus

Centro public bus service

What 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 Medical Examiner in Onondaga County

In New York a death is registered locally, and in Onondaga County certified copies of the death certificate are issued by Office of Vital Statistics, Onondaga County Health Department as well as by New York State Department of Health - Vital Records Section.

Vital Records Office Record

Local Health Department

Onondaga County · Office of Vital Statistics, Onondaga County Health Department

Hours

Monday-Friday 9:00 AM-4:00 PM

Office

421 Montgomery Street, Civic Center Suite 20, Syracuse, NY 13202

Certified copies

At the counter

Fax

1-315-435-3614

Verified November 3, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Onondaga County · Onondaga County Medical Examiner's Office

Office

100 Elizabeth Blackwell Street, Syracuse, NY 13210

Mail and offices

Fax

1-315-435-3319

Verified November 3, 2026 · Source

Transferring Property in Onondaga 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 Onondaga County are recorded with the County Clerk at 401 Montgomery Street, Room 200, Syracuse, NY 13202. Phone: 1-315-435-2227. Hours: Monday-Friday 8:30 AM-4:00 PM.

The County Clerk charges $46 per document plus $5 for every page.

Onondaga County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Clerk

Onondaga County

Hours

Monday-Friday 8:30 AM-4:00 PM

Office

401 Montgomery Street, Room 200, Syracuse, NY 13202

Fees

Recording fees

Document fee (per document)$45.5
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
Residential Deed Notice to Grantors Fee (RPL § 291)Required with most deeds$10
Transfer tax on a TOD deedTOD 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 Onondaga County

New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Onondaga 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 an Onondaga 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.

Since 1993Serves 6 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawAsset ProtectionMedicaid Planning

Syracuse (Onondaga County) practice founded in 2003, with a second office in Baldwinsville. Handles probate and post-death administration for families settling a relative's affairs, alongside wills and trusts, powers of attorney and health care proxies, and Medicaid asset protection planning such as placing the family home into a protection trust. Also does business succession and real estate work — contract review, title searches and closings. Consultations are free.

Solo PracticeSince 2003Serves 1 countyFree consultationEstate PlanningProbateElder LawTax PlanningAsset Protection+3

East Syracuse firm assisting clients in Onondaga County, the surrounding counties, and central New York with probate and estate administration: managing the decedent's assets, collecting debts, paying bills, and getting the necessary documents filed with the court. Also handles intestate estates, where state law rather than the decedent's promises controls who inherits. Its planning side is built on Medicaid, nursing-home asset protection, and supplemental needs trusts, on flat fees. Established in 1964 by Leonard C. Koldin, the former chief welfare attorney for Onondaga County.

Since 1964Serves 1 countyFree consultationEstate PlanningProbateSpecial Needs PlanningAsset ProtectionMedicaid Planning

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.

Serves 7 countiesFree consultationEstate PlanningProbate

Syracuse firm founded in 1921 that carries an estate from the decedent's death through settlement, assisting executors and trustees with the paperwork, the family exemption and non-probate assets, and distribution. When an estate turns contested it litigates will contests on incompetence or undue influence, fiduciary removal, accounting proceedings and spousal rights claims, for Onondaga County families on either side.

Since 1921Serves 1 countyEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+6

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.

Solo PracticeServes 4 countiesEstate PlanningProbateElder LawMedicaid Planning

See all 17 firms serving Onondaga County →

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)·

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.

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