Overview
Cattaraugus County is located in New York with a population of approximately 75,475. The Cattaraugus 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) and the Estates, Powers and Trusts Law (EPTL). 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 (Small Estate Affidavit) for estates valued at $50,000 or less (excluding certain assets). This process is faster and less expensive than formal probate.
New York does not have a statutory fee schedule for attorneys; fees must be reasonable based on the services provided. Executors are entitled to statutory commissions based on the value of the probate estate, starting at 5% for the first $100,000.
This guide provides an informational overview of the Cattaraugus 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
Cattaraugus County Surrogate's Court
Probate matters in Cattaraugus County are handled at the Cattaraugus County Center.
Address: 303 Court Street, Little Valley, NY 14755
Phone: 716-938-2599 (Chief Clerk)
Hours: Monday through Friday, 11:00 AM to 4:00 PM
The Surrogate's Court is located within the County Center building in Little Valley. The court handles all proceedings relating to the affairs of decedents, including the probate of wills and the administration of estates.
Parking and Access
Street parking is generally available around the County Center on Court Street and nearby side streets. There are also public parking lots designated for county building visitors. Visitors must pass through security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration (Small Estate): If the personal property in the estate is valued at $50,000 or less, you may file a "Small Estate Affidavit" (Form SE-1) to settle the estate without formal probate.
- Joint Assets: Assets held jointly with rights of survivorship pass directly to the surviving owner.
- Beneficiary Designations: Assets with named beneficiaries (like life insurance or IRAs) bypass 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 Cattaraugus County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- Probate Petition (or Administration Petition)
- Filing fee (based on the value of the estate)
- Family Tree Affidavit (if required)
New York State courts increasingly utilize the NYSCEF e-filing system, though paper filings may still be accepted for certain matters or by pro se litigants. Check with the Chief Clerk for current e-filing requirements.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: A Citation must be served on all "distributees" (heirs) who do not sign a Waiver and Consent, notifying them of the probate hearing.
- Notice of Probate: Must be mailed to all beneficiaries named in the will who are not distributees.
Step 4: Attend the Hearing
If all parties sign Waivers and Consents, a hearing may not be necessary. If a Citation is issued, the court will schedule a return date. If no objections are filed, the judge reviews the petition and, if approved, issues Letters Testamentary (for executors) or Letters of Administration (for administrators).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Open an estate bank account
- Inventory and appraise all estate assets within 6-9 months
- Pay valid creditor claims and taxes (wait 7 months for creditor claims period to expire before final distribution)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Judicial Settlement of Account or obtain Receipts and Releases from beneficiaries to close the estate
Local Requirements
Cattaraugus County-Specific Procedures
- E-filing: Cattaraugus County Surrogate's Court participates in the NYSCEF e-filing system. Check the court's website for mandatory e-filing rules.
- Bond requirements: The court may require a fiduciary bond, especially for intestate estates (no will), to protect beneficiaries and creditors.
- Local Rules: The court may have specific local rules regarding the formatting of documents or the scheduling of hearings. It is advisable to contact the Chief Clerk's office for specific procedural questions.
- Publication: If the whereabouts of a distributee are unknown, the court may order service by publication in a designated newspaper of general circulation in Cattaraugus County.
Always verify the latest requirements with the Chief Clerk at 716-938-2599.
Timeline & Fees
Filing Fees (Cattaraugus County)
Filing fees in New York Surrogate's Court are based on the value of the estate (SCPA 2402):
- Less than $10,000: $45
- $10,000 but under $20,000: $75
- $20,000 but under $50,000: $215
- $50,000 but under $100,000: $280
- $100,000 but under $250,000: $420
- $250,000 but under $500,000: $625
- $500,000 and over: $1,250
- Certificates of Letters: $6.00 each
Payment Methods
The court typically accepts cash, certified checks, money orders, and credit cards (often with a service fee). Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Simple estates (Voluntary Administration): 1-3 months
- Average probate (uncontested): 7-9 months
- Complex or contested estates: 12 months to several years
The creditor claim period in New York is 7 months from the date Letters are issued.
Local Resources
Cattaraugus County Court Resources
- Court Website: Cattaraugus County Surrogate's Court
- Probate Self-Help: NY Courts DIY Forms
- NYS Probate Forms: Surrogate's Court Forms
Legal Aid and Attorney Referrals
- Cattaraugus County Bar Association: Contact for local attorney referrals.
- Legal Assistance of Western New York (LawNY): 716-373-4701 — Provides legal aid to eligible low-income residents.
- NYS Bar Association Lawyer Referral: Find a Lawyer
Publication
- Olean Times Herald: 716-372-3121 — Major daily newspaper in the county.
- Salamanca Press: 716-945-1644 — Local newspaper serving Salamanca and surrounding areas.