Where do I file for probate in Broome County?

File at the Broome County Surrogate's Court, 92 Court Street, Binghamton, NY 13901. Attorneys must file electronically via NYSCEF.

How much does probate cost in Broome County?

Filing fees range from $45 for estates under $10,000 to $1,250 for estates over $500,000. Additional costs may include publication and service of process.

Can I avoid probate in Broome County with a small estate?

Yes, if the estate has $50,000 or less in personal property, you can use the simplified 'Voluntary Administration' process by filing a Small Estate Affidavit.

How long does probate take in Broome County?

Simple estates typically take 7-9 months, largely due to the 7-month statutory period for creditors to file claims.

Do I need an attorney for probate in Broome County?

New York does not strictly require an attorney, but probate can be complex. The Broome County Bar Association (607-723-6331) can refer you to a local estate attorney.

What is the deadline for filing the Inventory of Assets?

The Inventory of Assets (Form I-1) must be filed with the court within 9 months of the date Letters Testamentary or Letters of Administration are issued.

Broome County Probate Guide: Courts, Fees & Process (2026)

Overview

Broome County is located in New York with a population of approximately 196,000. The Broome County Surrogate's Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

New York probate is governed by the Surrogate's Court Procedure Act (SCPA). The process begins with filing a Petition for Probate (Form P-1) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.

For smaller estates, New York offers a simplified process called Voluntary Administration for personal property valued at $50,000 or less. This involves filing a "Small Estate Affidavit" to appoint a Voluntary Administrator.

Filing fees in New York are tiered based on the value of the estate, ranging from $45 for small estates to $1,250 for estates over $500,000.

This guide provides an informational overview of the Broome County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

Broome County Surrogate's Court

Probate matters in Broome County are handled at the Broome County Courthouse.

Address: 92 Court Street, Binghamton, NY 13901 (Mailing: P.O. Box 1766, Binghamton, NY 13902)

Phone: (607) 240-5789 (Surrogate's Court Clerk)

Hours: Monday through Friday, 8:30 AM to 4:30 PM

The Surrogate's Court is located in the main county courthouse in downtown Binghamton. The court handles the probate of wills, administration of intestate estates, and guardianships.

Parking and Access

Metered street parking is available around the courthouse on Court Street and Hawley Street. There are also public parking garages nearby, such as the Collier Street ramp. The building is ADA accessible; visitors must pass through security screening upon entry.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Voluntary Administration (Small Estate): If the estate consists of personal property valued at $50,000 or less, you may file a Small Estate Affidavit (Form SE-1) for a simplified process.
Joint Tenancy/Beneficiary Designations: Assets held jointly with rights of survivorship or with direct beneficiary designations (like life insurance or IRAs) pass outside of probate.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file a Petition for Probate (Form P-1) or Petition for Administration (Form A-1) with the Broome County Surrogate's Court. Include:

Original Last Will and Testament (if applicable)
Certified copy of the Death Certificate
Probate or Administration Filing Fee (based on estate value)
Family Tree Affidavit (if required)
Waivers and Consents from distributees

Broome County Surrogate's Court requires mandatory e-filing via the New York State Courts Electronic Filing (NYSCEF) system for attorneys. Unrepresented litigants may file in paper or opt into e-filing.

Step 3: Provide Notice

After filing, you must:

Serve Citation: If interested parties do not sign a Waiver and Consent, the court will issue a Citation which must be served on them, notifying them of the hearing date.
Publish Notice: If there are unknown heirs or creditors, or if the court directs, you may need to publish notice in a designated newspaper like the Press & Sun-Bulletin.

Step 4: Attend the Hearing

The court may schedule a hearing if there are objections or complex issues. If the petition is uncontested and all documents are in order, the Surrogate (Judge) typically reviews the file without a formal hearing and issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Inventory Assets: File an Inventory of Assets (Form I-1) with the court within 9 months of appointment.
Notify Creditors: New York law provides a 7-month period for creditors to file claims.
Pay Debts and Taxes: Pay valid claims and file necessary tax returns (including estate tax if applicable).
Distribute Assets: Distribute remaining assets to beneficiaries according to the will or laws of intestacy.
Close the Estate: File a Petition for Judicial Settlement of Account or file Releases from all beneficiaries to close the estate informally.

Local Requirements

Broome County-Specific Procedures

E-filing: Broome County is a mandatory e-filing county for Surrogate's Court matters via NYSCEF.
Local Rules: The court may have specific requirements for the "Family Tree Affidavit" to prove heirship in intestate cases.
Bond Requirements: An administrator may be required to post a surety bond unless the requirement is waived by the court or all beneficiaries.
Publication: When publication is required (e.g., for unknown heirs), it is typically done in the Press & Sun-Bulletin, the county's newspaper of general circulation.

Always check with the Chief Clerk's office for the most current local protocols.

Timeline & Fees

Filing Fees (Broome County)

Filing fees are determined by the value of the estate (SCPA § 2402):

Less than $10,000: $45
$10,000 to $20,000: $75
$20,000 to $50,000: $215
$50,000 to $100,000: $280
$100,000 to $250,000: $420
$250,000 to $500,000: $625
$500,000 and over: $1,250
Certified copies of Letters: $6.00 per certificate

Payment Methods

The court accepts cash, checks (payable to "Broome County Surrogate Court"), and credit cards (Visa/Mastercard) with a service fee. E-filing fees are paid online via NYSCEF.

Estimated Timelines

Simple estates: 7-9 months (due to the 7-month creditor claim period)
Average estates: 9-12 months
Complex or contested estates: 12 months to several years

The 7-month creditor claim period begins from the date Letters are issued. Distributing assets before this period expires carries personal liability risk for the executor.

Local Resources

Broome County Court Resources

Court Website: Broome County Surrogate's Court
Probate Self-Help: NY CourtHelp - When Someone Dies
NY Probate Forms: Surrogate's Court Forms

Legal Aid and Attorney Referrals

Broome County Bar Association: (607) 723-6331 — Lawyer Referral Service
Legal Aid Society of Mid-New York: (607) 723-7966 — Civil legal services for low-income residents
NYS Bar Association Lawyer Referral: Lawyer Referral Service

Publication

Press & Sun-Bulletin: (607) 798-1234 — Major daily newspaper for legal notices

Probate in Broome County, New York: 2026 Guide