Overview
Chautauqua County is located in New York with a population of approximately 124,105. The Chautauqua 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.
New York offers a simplified process for small estates called Voluntary Administration (Article 13). This is available if the decedent's personal property (excluding real estate) is valued at $50,000 or less. The voluntary administrator files a small estate affidavit to settle the estate without full probate.
New York does not have a statutory fee schedule for attorneys; fees must be reasonable based on the work performed. Executors are entitled to statutory commissions based on the size of the estate (SCPA § 2307).
This guide provides an informational overview of the Chautauqua 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
Chautauqua County Surrogate's Court
Probate matters in Chautauqua County are handled at the Chautauqua County Courthouse.
Address: Gerace Office Building, PO Box C, Mayville, NY 14757
Phone: 716-753-4337
Hours: Monday through Friday, 9:00 AM to 4:30 PM
The Surrogate's Court is located within the Gerace Office Building in Mayville. The Honorable Stephen W. Cass serves as Surrogate.
Parking and Access
There is limited public parking available on-site and in the rear of the building. Additional street parking is available on North Erie Street and surrounding streets. Visitors should allow extra time for 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 estate consists of personal property valued at $50,000 or less (excluding real estate), you may file a Small Estate Affidavit for a simplified process.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 Chautauqua County Surrogate's Court. Include:
- Original Will and codicils (if any)
- Certified copy of the Death Certificate
- Probate Citation (if waivers cannot be obtained)
- Filing fee (based on the value of the estate)
- Family Tree Affidavit (if required)
E-Filing: Chautauqua County Surrogate's Court participates in the NYSCEF (New York State Courts Electronic Filing) system. E-filing is mandatory for most surrogate's court proceedings unless an exemption applies.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If beneficiaries or heirs do not sign a Waiver and Consent, they must be served with a Citation notifying them of the hearing date.
- Notice of Probate: Mail a Notice of Probate (Form P-6) to all beneficiaries named in the will who are not distributees.
Step 4: Attend the Hearing
If the petition is uncontested and all waivers are filed, a formal hearing may not be necessary. If there are objections or if the court requires it, a hearing will be scheduled. Upon approval, the court issues Letters Testamentary (for executors) or Letters of Administration (for administrators).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Obtain an Employer Identification Number (EIN) for the estate
- Open an estate bank account
- Inventory estate assets within 9 months (Rule 207.20)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Petition for Judicial Settlement or file Receipts and Releases to close the estate
Local Requirements
Chautauqua County-Specific Procedures
- E-Filing: The court utilizes the NYSCEF system. Attorneys are generally required to e-file. Unrepresented litigants may file in paper but are encouraged to use e-filing.
- Local Forms: While statewide forms are standard, check with the Chief Clerk for any specific local affidavits required for family trees or kinship.
- Publication: If the whereabouts of a necessary party are unknown, the court may order service by publication in a designated newspaper, typically The Post-Journal or the Observer.
Always check with the Chief Clerk's office for the most current local rules and preferences.
Timeline & Fees
Filing Fees (Chautauqua County)
Fees are determined by the value of the estate (SCPA § 2402):
- Less than $10,000: $45.00
- $10,000 to under $20,000: $75.00
- $20,000 to under $50,000: $215.00
- $50,000 to under $100,000: $280.00
- $100,000 to under $250,000: $420.00
- $250,000 to under $500,000: $625.00
- $500,000 and over: $1,250.00
- Voluntary Administration (Small Estate): $1.00
- Certified Copies of Letters: $6.00 per copy
Payment Methods
The court accepts cash, checks (payable to "Chautauqua County Surrogate Court"), and credit cards (service fees may apply).
Estimated Timelines
- Simple estates (uncontested): 7-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to several years
Timelines depend heavily on the speed of asset collection, tax processing, and whether any objections are filed.
Local Resources
Chautauqua County Court Resources
- Court Website: Chautauqua County Surrogate's Court
- Probate Self-Help: NY CourtHelp - When Someone Dies
- NYS Probate Forms: Official Forms
Legal Aid and Attorney Referrals
- Jamestown Bar Association: Local legal community resources.
- Legal Assistance of Western New York (LawNY): 716-664-4535 — Provides legal aid to eligible low-income residents.
- NYS Bar Association Lawyer Referral: Find a Lawyer
Publication
- The Post-Journal: 716-487-1111 — General circulation in Jamestown area.
- Observer (Dunkirk): 716-366-3000 — General circulation in Dunkirk area.