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.
What to Do When Someone Dies in Orleans County, New York
How probate works in Orleans County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Orleans County Surrogate's Court
Orleans County · 8th Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Orleans County Courthouse, 1 South Main Street, Suite 3, Albion, NY 14411
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysProbate, administration and small estate proceedings, and the miscellaneous proceedings related to them, commenced on or after May 23, 2018 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: Guardianship (e-filing optional); Lifetime trusts (e-filing optional); Self-represented filers (exempt).
Self-represented filing
AllowedA self-represented filer files on paper by mail or in person, or through NYSCEF. Forms are also available at the court office in Suite 3.
Accepted payment
- At the counterCredit card, Check, Cash.Fees are paid by credit card through NYSCEF, with a 2.99% transaction fee, or at the court in person or by mail by check payable to Orleans County Surrogate's Court or in cash. A filing paid at the court is not filed until payment is received.
County forms
- Cover Letter for Small Estate PetitionsThe court's checklist of what to file to become voluntary administrator of a small estate.
- Cover Letter for Probate PetitionsThe court's cover letter and checklist for a probate petition.
- Cover Letter for Administration PetitionsThe court's cover letter and checklist for an administration petition.
- Orleans Help HandoutWhere to get forms, how to file by mail or NYSCEF, and how to reach the court for help without a lawyer.
Fax
1-585-371-3964
Departments
- Self-Represented Help1-585-283-6658 · orleanssurrogatehelp@nycourts.govCourt assistance for people filing without a lawyer, by email or, without email access, by phone.
About the court
- The court does not accept filings through EDDS. Papers are filed through NYSCEF, by mail or in person.
Verified October 16, 2026 · Source
How Probate Works in Orleans 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 Orleans County, probate runs through the Surrogate's Court at Orleans County Courthouse, 1 South Main Street, Suite 3, Albion. The court sits in the 8th Judicial District. Orleans County uses nycourts.gov for probate e-filing, while most New York counties file through iappscontent.courts.state.ny.us.
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 Orleans County
What probate costs in Orleans 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 Orleans County Courthouse, 1 South Main Street, Suite 3, Albion. 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.
How to File Probate at the Surrogate's Court
Probate cases in Orleans 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 Self-Represented Help.
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 Orleans County Self-Filing Assessment.
Orleans 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
No Request for Surrogate's Court Action
The court does not require the Request for Surrogate's Court Action with an initial or later filing.
SourceDocument Requirements
Death certificate and original will within two business days
After e-filing, a certified or attorney-certified copy of the death certificate and the original will are filed within two business days. The will is scanned with its staples intact; a will whose staples come off needs a staple affidavit.
SourceOther Requirements
Pre-paid return envelope
The court keeps a pre-paid self-addressed envelope in the file to mail requested documents and uses its own envelope when none is provided.
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 Orleans County
In Orleans 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
Orleans 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
Orleans County · Orleans County Coroners
Phone
Website
Verified November 3, 2026 · Source
Transferring Property in Orleans 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 Orleans County are recorded with the County Clerk at 3 South Main Street, Suite 1, Courthouse Square, Albion, NY 14411. Phone: 1-585-589-5334. Hours: Monday-Friday 8:00 AM-4:30 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
County Clerk
Orleans County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
3 South Main Street, Suite 1, Courthouse Square, Albion, NY 14411
Website
Fax
1-585-589-2824
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 |
| Conveyance 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 Orleans County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Orleans 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 Orleans 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.
Rochester (Monroe County) estate planning and elder law firm, serving communities across New York for more than 60 years. Handles estate, probate, and trust administration, estate litigation, guardianships and conservatorships, Medicaid planning, and veterans benefits. Bills flat fees and does not charge for phone calls or meetings.
Lake Success (Nassau County) firm guiding executors, administrators, trustees and beneficiaries through New York Surrogate's Court — probate, estate and trust administration, and contested estates and objections to a will or to fiduciary conduct. Also handles estate planning, retirement-distribution planning, Medicaid and elder law. Absorbed the Berwitz & DiTata estate practice.
Binghamton (Broome County) general-practice firm on Front Street handling probate alongside civil litigation, real estate, banking and credit union law, commercial transactions, and labor relations. Represents business, banking, institutional and individual clients across New York State and in Pennsylvania. Holds an AV rating from the Martindale-Hubbell Law Directory.
Binghamton (Broome County) firm tracing its lineage to 1898, with seven New York offices from Ithaca to Walton. Its trusts, estates and elder law group counsels executors, administrators and trustees through estate and trust administration, obtains Letters Testamentary and Letters of Administration, and litigates disputed executor appointments in Surrogate's Court.
New York elder law and estate planning firm working from twelve offices — Albany, five on Long Island, three in the Mid-Hudson Valley, New City and White Plains, and Staten Island. Guides executors and families through probate and estate administration, and handles trusts built to keep an estate out of Surrogate's Court, Medicaid asset protection, Medicaid applications and estate tax savings. Nine lawyers and seventeen paralegals and support staff, practicing since 1991; consultations are no-cost, virtual or in person, and the firm takes uncontested probate only.
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
- Orleans County Surrogate's Court, official page
- Orleans County Clerk, official page
- Orleans 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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