Waterloo (Seneca County) firm practicing in the heart of the Finger Lakes for four generations, serving Seneca, Ontario, Wayne, Yates, Cayuga and Schuyler counties. Represents executors and administrators through appointment, notifying next-of-kin, applying for the estate EIN, valuing and liquidating assets, filing the court inventory and estate tax returns, negotiating with creditors, accounting to beneficiaries and distributing the estate. Also handles Medicaid and nursing-home planning, wills and trusts, and elder law; initial probate consultations are free.
What to Do When Someone Dies in Ontario County, New York
How probate works in Ontario County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Ontario County Surrogate's Court
Ontario County · 7th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
27 North Main Street, Canandaigua, NY 14424
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAdministration, probate and small estate proceedings, and the matters related to them, are filed through NYSCEF; guardianship and lifetime trust matters may be e-filed. A self-represented filer is exempt and may take part by choice. An estate begun on paper can continue as an e-filed record. On paper: Lifetime trusts (e-filing optional); Guardianship (e-filing optional); Self-represented filers (exempt).
Self-represented filing
AllowedA self-represented filer files on paper at the court or takes part in NYSCEF voluntarily.
Accepted payment
- At the counterCredit card, Check, Money order.Fees are paid by Visa or MasterCard through NYSCEF, with a 2.99% service fee, or at the court. The court takes checks from attorneys and businesses (including estate checks), money orders and certified checks, and no personal checks.
County forms
- Informal Estate Settlement FormsForms for settling an estate informally, linked from the court's E-Filing & Forms page.
- Affidavit to Re-Open EstateAffidavit to reopen a closed estate file.
- Application Pursuant to Rule 64 for Access to Certain RecordsApplication for access to court records that are not open to the public.
- Decedent IndexYearly indexes of the decedents whose estates are filed with the court.
Fax
1-585-412-5331
Verified October 16, 2026 · Source
How Probate Works in Ontario 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 Ontario County, probate runs through the Surrogate's Court at 27 North Main Street, Canandaigua. The court sits in the 7th 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. 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 Ontario County
What probate costs in Ontario 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 27 North Main Street, Canandaigua. The court is part of the 7th 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 Ontario County, New York are filed at the Surrogate's Court. The court sits in the 7th 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 Ontario County Self-Filing Assessment.
Ontario 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
Request for Surrogate's Court Action first in every filing
A new Request for Surrogate's Court Action (form SC-2) is the first document uploaded with each filing, as a stand-alone document. A request for certified documents or Certificates of Appointment uses the non-proceeding relief page of that form.
SourceDocument Requirements
Original will within two business days
The original will is scanned for e-filing, and it may be unstapled for scanning without a staple-hole affidavit; the paper original is submitted within two business days. A filer who prefers not to unstaple it submits the original on paper and the court uploads the image.
SourceDeath certificate image accepted
The certified death certificate is e-filed front and back, and no hard copy is required.
SourceOther Requirements
Fingerprinting for guardians and adoptive parents
Proposed guardians and adoptive parents book electronic fingerprinting through IdentoGO (877-472-6915) using Ontario County's ORI number, NY034SC3J.
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 Ontario County
In Ontario 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
Ontario 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
Ontario County · Ontario County Coroners
Phone
Website
Mail and offices
Fax
1-585-396-4551
Verified November 3, 2026 · Source
Transferring Property in Ontario 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 Ontario County are recorded with the County Clerk at 20 Ontario Street, Canandaigua, NY 14424. Phone: 1-585-396-4200. Hours: Monday-Friday 8:30 AM-4:30 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
County Clerk
Ontario County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
20 Ontario Street, Canandaigua, NY 14424
Website
Fees
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 |
| Deed Notification Letter 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 Ontario County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Ontario 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 Ontario 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.
Canandaigua (Ontario County) solo practice working out of a former Town of Hopewell schoolhouse on Route 5 and 20. Guides Finger Lakes families through estate administration and probate start to finish, and handles wills, health care proxies, powers of attorney, irrevocable asset protection trusts and Medicaid applications. Free consultations in person, by phone or over Zoom.
Palmyra firm filing for Wayne County families in the Wayne County Surrogate's Court. Morell Law probates wills and handles the administration and settlement of estates, working with the family and beneficiaries to transfer assets and guiding them through the income, estate and gift tax issues that follow a death.
Pittsford practice serving Rochester, Naples and the Finger Lakes, opened by Michael Robinson in 1986 and concentrated on estate planning. Guides executors, personal representatives and trust administrators through probate and trust administration, and represents beneficiaries and heirs, alongside Medicaid and special needs planning.
Canandaigua firm representing personal representatives, executors and trustees through Ontario County Surrogate's Court administration, with a second office in Geneva. The practice handles both probate and non-probate assets, including assets held in trust, and represents beneficiaries and estate creditors. It also litigates contested estates - will contests, breach of fiduciary duty and trust disputes - on either side.
Canandaigua practice on North Street concentrating on elder law, estate and trust planning and administration, and long-term-care and disability planning. Edward C. "Russ" Kenyon has spent over 30 years helping clients with estates, trusts, Medicaid, and long-term-care plans, and is a member of the National Academy of Elder Law Attorneys. The firm returned under the Kenyon & Kenyon name on March 1, 2025.
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
- Ontario County Surrogate's Court, official page
- Ontario County Clerk, official page
- Ontario 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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