Erie County, New York

Probate in Erie County, New York

Erie County probate filings are heard at the Buffalo courthouse under New York law (N.Y. SCPA §§ 1-101 et seq.; SCPA Art. 13 (small estates)). The process below applies statewide; specific court fees and forms are available from the Erie County Clerk.

Erie County probate at a glance

County seat
Buffalo
Court
Surrogate's Court (county)
Population (est.)
950,257
Typical timeline
32–78 weeks
Filing fee
$45–$1250
Small-estate threshold
$50,000
Statute
N.Y. SCPA §§ 1-101 et seq.; SCPA Art. 13 (small estates)

For exact fees + forms, check the Erie County Clerk’s office or the state source: www.nycourts.gov.

New York probate, step by step

  1. 1File petition for probate or administration in Surrogate's Court
  2. 2Surrogate issues letters testamentary or of administration
  3. 3Serve citations on distributees and publish if required
  4. 4Pay debts, New York estate tax, and statutory allowances
  5. 5File accounting and order of distribution

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Other New York counties

This page is informational and is not legal advice. Probate procedure varies by county. Consult a licensed New York probate attorney for advice specific to your situation.