Probate in Steuben County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Steuben County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Steuben County · 7th Judicial District
Address
Phone
Fax
Hours
Accepted paymentCredit card. Credit card via NYSCEF or at the court; a 3% additional processing fee applies to credit card payment by either method. Fees calculated under SCPA § 2402.
Verified July 4, 2026 · Source
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 Steuben County, probate runs through the Surrogate's Court at 3 East Pulteney Square, Bath. 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. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Steuben 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 3 East Pulteney Square, Bath. 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 Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Surrogate's Court (https://iappscontent.courts.state.ny.us/NYSCEF/live/protocols/surrogates/protocolSteuben.pdf). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors 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%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.
If you're handling probate yourself in Steuben County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 7th Judicial District.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Steuben County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
For a full cost comparison and filing checklist, see the Steuben County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Self-represented litigants exempt from e-filing
Unrepresented litigants are exempt from mandatory e-filing (CPLR § 2111) and may file in paper format or voluntarily participate in NYSCEF. Contact court at 607-622-8221 for filing assistance.
SourceRequest for Surrogate's Court Action required as first document
The Request for Surrogate's Court Action form must be the first document uploaded with each filing, filed as a stand-alone document. Prepare a new form for each subsequent filing.
SourceOriginal will within 2 business days; unstapling allowed with staple affidavit
Scan the original will (not an attorney-certified copy). The will may be unstapled if a staple affidavit is supplied explaining the circumstances. File the paper will with the court within 2 business days of e-filing.
SourceDeath certificate hard copy within 2 business days
In addition to e-filing the death certificate, a hard copy (certified if required) must be filed within 2 business days of e-filing.
SourceBefore You Go
Credit card. Credit card via NYSCEF or at the court; a 3% additional processing fee applies to credit card payment by either method. Fees calculated under SCPA § 2402.
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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 Steuben County are recorded with the County Clerk, led by County Clerk Judith M. Hunter, at 3 East Pulteney Square, Bath, NY 14810. Phone: (607) 664-2563. Hours: Monday - Friday 8:30 AM - 5:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
Steuben County · County Clerk · Judith M. Hunter
Address
Phone
Fax
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
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Steuben 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 — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Steuben 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.
FirmBath, NY
Bath (Steuben County) firm serving the Finger Lakes and Southern Tier for over 100 years. Its wills, trusts and estates practice is planning-side — wills and trusts, health care proxies, living wills, powers of attorney, Medicaid planning and guardianships — alongside real estate and civil litigation.
PracticesEstate PlanningElder LawGuardianshipMedicaid Planning
FirmElmira, NY
Elmira firm on West Church Street representing executors, administrators, heirs, and beneficiaries in Surrogate's Court probate across Chemung, Steuben, and Schuyler counties, from the petition and appointment through inventory and appraisal of estate assets. Its planning side covers elder law, Medicaid, asset protection, and special-needs planning.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 5 more
FirmCorning, NY
Corning firm (Steuben County) serving the Southern Tier since 1979, with seven attorneys. Its trusts and estates practice covers estates, probate and administration, guardianship proceedings, wills, special needs trusts, powers of attorney and health care proxies, plus Medicaid planning and applications.
PracticesEstate PlanningEstate AdministrationTrust AdministrationElder Lawand 4 more
FirmPainted Post, NY
Two-attorney firm at 109 W. Water Street in Painted Post, Steuben County. Works for the named executor or trustee: protecting assets for beneficiaries, collecting outstanding assets and income, paying valid bills, dividing personal property, filing the required federal and state returns, calculating tax basis for the beneficiaries and filing court reports. Also handles estate planning, elder law with Medicaid applications, and business formations.
PracticesEstate PlanningEstate AdministrationTrust AdministrationElder Lawand 2 more
FirmCorning, NY
Corning (Steuben County) firm serving the Corning and Bath area for over 80 years. Its practice covers estate planning alongside real estate, business law, and personal injury.
PracticesEstate PlanningReal Estate
FirmElmira, NY
Elmira (Chemung County) firm on West Water Street, serving the Elmira area since 1934 and now in its third generation under James E. DeFilippo. Represents executors and trustees through estate and trust administration — protecting assets for beneficiaries, collecting outstanding assets and income, paying valid bills, filing federal and state estate, gift and fiduciary income tax returns, calculating tax basis for beneficiaries and filing court reports. Also prepares wills, lifetime trusts, powers of attorney, health care proxies and lifetime transfers of the home with a reserved life use.
PracticesEstate PlanningEstate AdministrationTrust AdministrationReal Estate
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.
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Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
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