Overview
Clinton County is located in New York with a population of approximately 77,871. The Clinton 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.
New York offers a simplified process for small estates called Voluntary Administration for estates valued at $50,000 or less in personal property. This involves filing a "Small Estate Affidavit" (Form SE-1) and a death certificate.
Filing fees in New York are tiered based on the value of the estate, ranging from $45 to $1,250.
This guide provides an informational overview of the Clinton 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
Clinton County Surrogate's Court
Probate matters in Clinton County are handled at the Clinton County Surrogate's Court.
Address: 137 Margaret Street, Plattsburgh, NY 12901
Phone: 518-536-3830 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
Surrogate Judge: Hon. William A. Favreau
The Surrogate's Court is located within the Clinton County Government Center. The court handles all matters relating to wills, estates, and guardianships.
Parking and Access
Public parking is available near the Government Center in downtown Plattsburgh. Visitors must pass through security screening upon entering the building.
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).
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass directly to the surviving owner.
- 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 Clinton County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Family Tree Affidavit (often required locally)
- Filing fee (based on estate value)
- Proposed Decree and Letters
E-filing is available and often encouraged via the NYSCEF system.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If waivers and consents cannot be obtained from all interested parties, the court will issue a Citation. You must serve this Citation on all necessary parties at least 10 days before the hearing date (20 or 30 days if outside NY/US).
- Publish notice: If the address of a party is unknown, or if required by the court, you may need to publish notice in a newspaper of general circulation in Clinton County, such as the Press-Republican.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If there are no objections and all documents are in order, the judge reviews the petition and issues Letters Testamentary (for executors) or Letters of Administration (for administrators). Many uncontested matters are handled without a formal appearance.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors generally have 7 months to file claims)
- Inventory and appraise all estate assets within 6 months (Form I-1)
- 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
Clinton County-Specific Procedures
- E-filing: Clinton County Surrogate's Court participates in the New York State Courts Electronic Filing (NYSCEF) system.
- Family Tree: A Family Tree Affidavit is typically required to establish the decedent's distributees.
- Local Rules: The court may have specific requirements for the form of pleadings and the manner of service. Always check with the Clerk's office for the most current local protocols.
- Publication: When publication is required, it must be done in a designated newspaper of general circulation in Clinton County, such as the Press-Republican.
Consult the court clerk for any specific local forms or checklists.
Timeline & Fees
Filing Fees (Clinton County)
Filing fees are determined by 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
- Certified copies of Letters: $6.00 per certificate
- Publication costs: Varies by newspaper (approx. $100-$300)
Payment Methods
The court accepts cash, checks (payable to "Clinton County Surrogate Court"), money orders, and credit cards (Visa, MasterCard, Discover) via NYSCEF or in person (service fees may apply).
Estimated Timelines
- Simple estates (Voluntary Administration): 1-2 months
- Average estates: 7-9 months (due to 7-month creditor period)
- Complex or contested estates: 12 months to several years
Delays often occur due to difficulty locating heirs, tax proceedings, or will contests.
Local Resources
Clinton County Court Resources
- Court Website: Clinton County Surrogate's Court
- Probate Self-Help: NY CourtHelp - When Someone Dies
- NY Probate Forms: Official Surrogate's Court Forms
Legal Aid and Attorney Referrals
- Clinton County Bar Association: Local attorney listings
- Legal Aid Society of Northeastern New York: (518) 563-4022 — Provides legal services to low-income residents
- NY State Bar Lawyer Referral: Find a Lawyer
Publication
- Press-Republican: (518) 561-2300 — Major daily newspaper in Plattsburgh