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

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

What probate costsHow to fileDeath certificatesTransferring propertyLocal attorneys

Probate Court Record

Schenectady County Surrogate's Court

Schenectady County · 4th Judicial District

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

Schenectady County Judicial Building, 612 State Street, Schenectady, NY 12305

Self-represented filing

Allowed

Self-help forms

Court forms packet

Open in Google Maps

E-filing

Required for attorneysE-filing through NYSCEF is mandatory for every type of proceeding commenced on or after August 16, 2017, except guardianships, where it is optional, and adoptions, which are not e-filed. A case begun on paper before that date stays on paper. Self-represented filers are exempt and may file on paper or choose to e-file. On paper: Self-represented filers; Adoption proceedings; Guardianship proceedings (optional).

Self-represented filing

AllowedSelf-represented filers may file on paper at the court.

Accepted payment

  • At the counterCredit card.Card payment is made through NYSCEF at filing, with no administrative fee, or the fee is paid at the court in person or by mail. Papers are not processed until the fee is paid in full.

Verified October 16, 2026 · Source

How Probate Works in Schenectady 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 Schenectady County, probate runs through the Surrogate's Court at Schenectady County Judicial Building, 612 State Street, Schenectady. The court sits in the 4th 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 Schenectady County

What probate costs in Schenectady 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 Schenectady County Judicial Building, 612 State Street, Schenectady. The court is part of the 4th 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 Schenectady County, New York are filed at the Surrogate's Court. The court sits in the 4th 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 Schenectady County Self-Filing Assessment.

Schenectady 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

Search for the decedent before filing

Before a petition is started, a search on the decedent's last name and first initial is run in NYSCEF and in the court's case database to see whether a file is already open.

Source

Case name entered as signed on the will

The case name is entered exactly as the signature on the will, without punctuation or spaces. A different name on the death certificate is entered as an AKA.

Source

Document Requirements

Original death certificate within 2 business days

The front and back of the death certificate are e-filed, and the original is delivered to the court within two business days with a self-addressed stamped envelope for its return. The filing is not reviewed until the original arrives.

Source

Affidavit of comparison for the will

An affidavit of comparison with a copy of the will and any codicils attached is e-filed. The original will and codicils are delivered directly to the court.

Source

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 Schenectady County

In Schenectady 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

Schenectady County · State vital records office

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

Mail

New York State Department of Health Vital Records Certification Unit P.O. Box 2602 Albany, NY 12220-2602

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Schenectady County · Schenectady County Medical Examiner's Office, Public Health Services

Verified November 3, 2026 · Source

Transferring Property in Schenectady 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 Schenectady County are recorded with the County Clerk at 620 State Street, 3rd Floor, Schenectady, NY 12305. Phone: 1-518-388-4220. 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

Schenectady County

Hours

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

Office

620 State Street, 3rd Floor, Schenectady, NY 12305

Open in Google Maps

Fax

1-518-388-4224

Verified October 17, 2026 · Source

Probate Attorneys Serving Schenectady County

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

FirmAlbany, NY

Bailey, Johnson & Peck, P.C.

Serves 3 counties

Albany firm whose estate group guides executors and trustees through Surrogate's Court, obtaining Letters Testamentary or Letters of Administration, filing accountings, and distributing estate proceeds. Also handles trust administration and represents beneficiaries in will contests and trust challenges. Serves Albany, Schenectady and Troy.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

Office
5 Pine West Plaza, Suite 507Albany, NY 12205

FirmSchenectady, NY

Cioffi • Slezak • Wildgrube P.C.

Since 1995 · Serves 1 county

Schenectady firm on Erie Boulevard representing executors, administrators and trustees before the Schenectady County Surrogate's Court. The practice covers appointment of the fiduciary, collection of assets, informal and judicial accountings, fiduciary and estate tax filings and final distribution, and it also represents beneficiaries on the other side of an administration. Three salaried estate administrators work alongside the attorneys.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
1473 Erie Boulevard, 1st FloorSchenectady, NY 12305

FirmSchenectady, NY

Law Office of Kathleen M. Toombs, PLLC

Serves 1 county

Schenectady elder law and estate planning practice led by Kathleen M. Toombs, self-employed since 2007. Handles probate management, trust administration, and the transfer of estate assets, plus Medicaid home-care and nursing-home planning, guardianships, health care proxies, and powers of attorney. Free initial consultation for estate planning.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
157 Barrett StreetSchenectady, NY 12305
Free consultation

FirmTroy, NY

Pattison, Sampson, Ginsberg & Griffin, PLLC

Since 1813 · Serves 4 counties

Troy firm at 22 First Street serving Albany, Troy, Schenectady and Saratoga in the Capital District, tracing its roots to 1813. Handles estate and trust administration: probating wills, intestate administration, beneficiary and fiduciary representation, contested accountings, will contests and right-of-election claims, plus Medicaid planning and guardianship petitions.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
22 First StreetTroy, NY 12180
Free consultation

FirmLatham, NY

Pierro, Connor & Strauss, LLC

Serves 13 counties

Capital Region trusts and estates practice in Latham, with offices in New York City, Garden City, Hudson and Lake Placid and more than 280 years of combined attorney experience. Handles estate and trust administration, probate, estate and trust litigation, guardianship under Article 81 and 17-A, Medicaid and special needs planning, and tax planning.

PracticesEstate PlanningTrust AdministrationProbateTrust Litigationand 5 more

Office
43 British American BoulevardLatham, NY 12110
Free consultationVirtual consultations

Solo PracticeSchenectady, NY

Witecki Law Office

Since 1985 · Serves 5 counties

Schenectady solo practice serving families through the Schenectady County Surrogate's Court and four neighbouring counties. The office locates and values estate property, collects investment income, determines payment of claims, debts and taxes, prepares estate tax returns and distributes property to beneficiaries. Will challenges based on capacity, execution, undue influence or duress are handled in-house.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 4 more

Office
8 S. Church StreetSchenectady, NY 12305
Free consultationVirtual consultations
See all 13 firms serving Schenectady 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.

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Legal Sources

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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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