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

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

Probate Court Record

Washington County Surrogate's Court

Washington County · 4th Judicial District

Hours

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

Office

Washington County Courthouse, 383 Broadway, Building C, Fort Edward, NY 12828-1015

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing through NYSCEF is mandatory in every proceeding commenced on or after October 17, 2018, except guardianship and adoption. A proceeding begun on paper before that date stays on paper. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may choose to e-file. On paper: Guardianship proceedings; Adoption proceedings.

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file.

Accepted payment

  • At the counterCredit card.Fees are paid at the court in person or by mail, or by credit card through NYSCEF with no administrative fee. A filing paid at the court is not reviewed until payment in full is received.

Verified October 16, 2026 · Source

How Probate Works in Washington 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 Washington County, probate runs through the Surrogate's Court at Washington County Courthouse, 383 Broadway, Building C, Fort Edward. The court sits in the 4th Judicial District. Washington 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 Washington County

What probate costs in Washington 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 Washington County Courthouse, 383 Broadway, Building C, Fort Edward. 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 Washington 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 Washington County Self-Filing Assessment.

Washington 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 an open file before filing

Before a petition, the filer searches the court's records and NYSCEF on the decedent's last name with the first initial. Without a will, the estate name is the name on the death certificate, with no punctuation or spaces.

Source

Document Requirements

Original will and death certificate delivered to the court

An affidavit of comparison with a copy of the will is e-filed, and the original will and codicils are delivered to the court with staples in place. The original death certificate, e-filed front and back, is delivered with a self-addressed stamped envelope and returned after review.

Source

Other Requirements

Self-addressed stamped envelope for returns

Documents are returned by mail in a stamped self-addressed envelope. Without one, the court arranges pickup at the clerk's office.

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 Coroner in Washington County

In Washington 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

Washington 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

Coroner

Washington County · Office of the Coroner

Office

383 Broadway, Building B, Fort Edward, NY 12828

Verified November 3, 2026 · Source

Transferring Property in Washington 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 Washington County are recorded with the County Clerk at 383 Broadway, Building A, Fort Edward, NY 12828. Phone: 1-518-746-2170. Hours: Monday-Friday 8:30 AM-4:15 PM.

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

Recording Office Record

County Clerk

Washington County

Hours

Monday-Friday 8:30 AM-4:15 PM

Office

383 Broadway, Building A, Fort Edward, NY 12828

Fax

1-518-746-2177

Verified October 17, 2026 · Source

Probate Attorneys Serving Washington County

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

Hoosick Falls and Troy practice guiding Rensselaer County executors and administrators through the Surrogate's Court, from the petition and citations to the final accounting and release of the fiduciary. Ed Gorman is the attorney retained by the Rensselaer County Public Administrator, handling estates where no executor or family member is available to step in.

Solo PracticeServes 3 countiesEstate PlanningProbateMedicaid Planning

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.

Serves 13 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateTrust LitigationElder Law+4

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.

Since 2000Serves 9 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+4

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.

Serves the whole stateProbate

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.

Since 1898Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+6

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.

Since 1991Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+3

See all 8 firms serving Washington 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.

Legal Sources

(9)·

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.

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