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

How probate works in Tompkins 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

Tompkins County Surrogate's Court

Tompkins County · 6th Judicial District

Hours

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

Office

Tompkins County Courthouse, 320 North Tioga Street, Ithaca, NY 14850

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 attorneys in all estate matters, including administration, probate, small estates, trust and guardianship matters; living trust and adoption proceedings are exempt. Attorneys opt out with NYSCEF form SCM-2. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may file on paper. On paper: Living (inter vivos) trusts; Adoption proceedings.

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file. Procedural questions go to the court by email or phone.

Accepted payment

  • At the counterCredit card.Fees are paid at the court in person or by mail, or by Visa or MasterCard through NYSCEF with a 2.99% administrative charge. A filing paid at the court is not processed until payment is received in full.

Self-help center

  • Tompkins County Courthouse, 320 N. Tioga Street1-607-240-5954 · Monday-Friday 9:00 AM-4:00 PMThe Sixth Judicial District Help Center gives free help to people without lawyers with forms and court procedure, but not legal advice. Hours vary with staffing, so a call ahead confirms it is open.

Verified October 16, 2026 · Source

How Probate Works in Tompkins 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 Tompkins County, probate runs through the Surrogate's Court at Tompkins County Courthouse, 320 North Tioga Street, Ithaca. The court sits in the 6th 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 Tompkins County

What probate costs in Tompkins 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 Tompkins County Courthouse, 320 North Tioga Street, Ithaca. The court is part of the 6th 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 Tompkins County, New York are filed at the Surrogate's Court. The court sits in the 6th Judicial District.

The Sixth Judicial District Help Center gives free help to people without lawyers with forms and court procedure, but not legal advice. Hours vary with staffing, so a call ahead confirms it is open.

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 Tompkins County Self-Filing Assessment.

Tompkins County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Document Requirements

Family tree on all new proceedings

A family tree is required in every new estate. With a sole distributee, an affidavit of sole distributee or of heirship is added, and neither is signed by that person or their spouse or children.

Source

Original will within two business days; unstapling permitted

The original will is scanned and may be unstapled without a staple affidavit, and the original is filed within two business days of e-filing.

Source

Death certificates

A death certificate is filed in every new estate, and in an e-filed estate the court accepts the e-filed image. A small estate proceeding requires a raised-seal certified death certificate, which the court keeps.

Source

Corrections and names

Original documents needing correction are not returned; an affidavit of correction or an amended document is filed instead. An a/k/a is used for any party whose name appears differently across the papers.

Source

Getting to the Surrogate's Court

Parking

There is no public parking apart from one accessible space.

The courthouse is at the corner of Tioga and Court Streets, entered through the main entrance on Tioga Street.

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 Tompkins County

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

Vital Records Office Record

Local Health Department

Tompkins County · Vital Records Division, Tompkins County Whole Health

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-3:30 PM

Office

55 Brown Road, Ithaca, NY 14850

Certified copies

At the counter

Open in Google Maps

Local rule

  • The office holds only the deaths that occurred in Tompkins County and takes death requests by mail or in person. Payment is a check, a money order or cash in person; no debit or credit card is accepted.

Verified November 4, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Tompkins County

Published contact

None published by the county. The office is created by N.Y. County Law § 671(1).

Verified November 4, 2026 · Source

Transferring Property in Tompkins 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 Tompkins County are recorded with the County Clerk at 320 North Tioga Street, Ithaca, NY 14850. Phone: 1-607-274-5431. Hours: Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM.

The County Clerk charges $45 per document plus $5 for every page.

Tompkins County accepts electronic recording through CSC, Simplifile and ePN.

Recording Office Record

County Clerk

Tompkins County

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM

Office

320 North Tioga Street, Ithaca, NY 14850

Open in Google Maps

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 Notice 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 Tompkins County

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

FirmBinghamton, NY

Garufi Law P.C.

Since 1991 · Serves 8 counties

Binghamton general practice whose service area runs across the Sixth Judicial District, including the Chenango County courts in Norwich as well as Broome, Chemung, Cortland, Delaware, Otsego, Tioga and Tompkins counties. Handles wills, probate, guardianship, health care proxies and powers of attorney alongside family law, real estate and civil litigation. Founded in 1991.

PracticesEstate PlanningProbateGuardianshipFamily Lawand 2 more

Office
68 Oak Street, Second FloorBinghamton, NY 13905

FirmVestal, NY

Levene Gouldin & Thompson, LLP

Since 1927 · Serves 4 counties

Vestal firm outside Binghamton with offices in Ithaca, Whitney Point, and Montrose, Pennsylvania. Its trusts and estates group supports executors, trustees, and beneficiaries through estate and trust administration and contested and uncontested probate, and its litigators handle estate controversies. Best Lawyers ranks it the region's only first-tier Trusts & Estates firm; founded in 1927.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
450 Plaza DriveVestal, NY 13850

FirmCorning, NY

Rossettie Rosettie & Martino LLP

Since 1979 · Serves 5 counties

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 PlanningTrust AdministrationProbateElder Lawand 4 more

Office
269 West Pulteney StreetCorning, NY 14830

Solo PracticeIthaca, NY

Silverberg Law Office

Serves 1 county

Solo practice at 505 Snyder Hill Road in Ithaca, near East Hill Plaza at the corner of Quarry Road, serving Ithaca, Dryden, Caroline and other nearby communities. Handles wills and trusts, estate planning, powers of attorney and health care proxies, alongside residential real estate closings and business formation.

PracticesEstate Planning

Office
505 Snyder Hill RoadIthaca, NY 14850
Free consultationVirtual consultations

FirmIthaca, NY

The Law Office of Serenna L. McCloud, Esq., PLLC

Serves 1 county

Ithaca firm representing executors and beneficiaries in Tompkins County Surrogate's Court proceedings. The practice files the probate and administration petitions that open an estate, handles petitions for recovery of real property, and represents fiduciaries and beneficiaries through the administration. Estate work sits alongside residential and commercial real estate closings for the same Ithaca-area families.

PracticesEstate PlanningProbateElder LawSpecial Needs Planningand 2 more

Office
310 N. Aurora St., 2nd FloorIthaca, NY 14850
Free consultation

FirmElmira, NY

DeFilippo Law Firm P.L.L.C.

Since 1934

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 PlanningTrust AdministrationProbateReal Estate

Office
1225 West Water Street, Suite 1Elmira, NY 14905
See all 13 firms serving Tompkins 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

Hire a New York Probate Attorney

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Notify Banks & Financial Institutions

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