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Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.
Yes. Self-filing in Erie County works best for straightforward estates with a clear will and few beneficiaries.
File at the Surrogate's Court, Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo, NY 14202. Phone: 716-845-2560. Hours: Monday - Friday, 9:00 AM - 5:00 PM.
Erie County requires e-filing for probate matters. Mandatory e-filing in all estate proceedings commenced in this court on or after May 28, 2020. All attorneys are subject to mandatory e-filing. Self-represented litigants are exempt under CPLR § 2111 and may file in paper format.
Erie County doesn't have a dedicated probate self-help center, so self-filers should confirm local procedures with the court clerk.
Yes, you can file probate without a lawyer in New York, though the process may require more effort depending on estate complexity.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 Many New York courts offer self-help resources and standardized forms.
Court filing fees in New York vary by county.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 Self-filing costs typically include the court petition fee, publication costs, and bond premiums. The filing fee is a fraction of total probate costs. See a full breakdown with the New York probate calculator.
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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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