Overview
Erie County is the most populous county in western New York, with Buffalo as its county seat and largest city. The Erie County Surrogate's Court handles all estate matters for individuals domiciled in the county at the time of death, including probate of wills, administration of intestate estates, guardianships, and accountings.
Probate in Erie County follows the Surrogate's Court Procedure Act (SCPA), the same statewide law governing all New York Surrogate's Courts. The court handles testate proceedings, intestate administration, and voluntary administration for small estates under $50,000.
Erie County Surrogate's Court participates in the NYSCEF electronic filing system. The court is located in Erie County Hall in downtown Buffalo.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Erie County Surrogate's Court or a qualified attorney.
Courthouse Information
Erie County Surrogate's Court
The Erie County Surrogate's Court is located in Erie County Hall in downtown Buffalo.
Address: 92 Franklin Street, 2nd Floor, Buffalo, NY 14202
Phone: (716) 845-2560
Fax: (716) 845-7565
Email: SurrogateCourt@erie.gov
Hours: Monday through Friday, 9:00 AM to 5:00 PM
Website: nycourts.gov/courts/8jd/erie/surrogates
Parking and Access
Metered street parking and parking garages are available in downtown Buffalo. The courthouse is accessible by NFTA Metro bus routes. Plan for security screening at the entrance.
Filing Process
Step 1: Determine the Proceeding Type
- Probate Proceeding (SCPA Article 14): For estates with a valid will.
- Administration Proceeding (SCPA Article 10): For intestate estates.
- Voluntary Administration (SCPA Article 13): For personal property estates valued at $50,000 or less.
Step 2: Prepare and File the Petition
Gather required documents:
- Completed petition for probate or administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee based on estate value
- List of all distributees with addresses
File through NYSCEF, in person at the clerk's office on the 2nd floor, or by mail.
Step 3: Citation and Service
After filing, the court issues a citation that must be served on all necessary parties. Service methods include personal service, certified mail, and publication if a party cannot be located.
Step 4: Hearing and Letters
The Surrogate reviews the petition on the return date and issues Letters Testamentary or Letters of Administration if approved.
Step 5: Administration and Closing
The fiduciary collects assets, pays debts and taxes, files accountings or obtains releases, and distributes to beneficiaries.
Local Requirements
Erie County-Specific Procedures
- NYSCEF e-filing is available for Erie County Surrogate's Court proceedings. All documents in NYSCEF cases must be e-filed.
- Local forms: Erie County Surrogate's Court publishes local forms on its website in addition to the statewide forms.
- Original wills and death certificates must be submitted in hard copy.
- Bond: Required unless waived by the will or by consent of all distributees.
Western New York Considerations
- Erie County is the largest Surrogate's Court in western New York. Estates involving property in multiple western New York counties may require ancillary filings.
- The court processes estates ranging from modest to complex, including estates with business interests in the Buffalo metro area.
Timeline & Fees
Filing Fees (Erie County)
Filing fees per SCPA Section 2402:
- Under $10,000: $45
- $10,000 to under $20,000: $75
- $20,000 to under $50,000: $215
- $50,000 to under $100,000: $280
- $100,000 to under $250,000: $420
- $250,000 to under $500,000: $625
- $500,000 and over: $1,250
Additional costs:
- Certified copies: approximately $6 per copy
- Publication of citation: $150-$400
- Bond premium: varies
Payment Methods
Contact the court at (716) 845-2560 for accepted payment methods.
Estimated Timelines
- Simple estates: 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
Local Resources
Erie County Surrogate's Court Resources
- Court Website: nycourts.gov/courts/8jd/erie/surrogates
- Local Forms: nycourts.gov/courts/8jd/erie/surrogates/forms
- NYSCEF E-Filing Portal: iapps.courts.state.ny.us/nyscef
- WebSurrogate (case search): websurrogates.nycourts.gov
Legal Aid and Attorney Referrals
- Legal Aid Bureau of Buffalo: (716) 853-9555 -- free legal assistance for qualifying individuals
- Bar Association of Erie County Lawyer Referral: (716) 852-8687
- Volunteer Lawyers Project: (716) 847-0662
Publication
- Buffalo News: Primary newspaper for legal notices in Erie County
- Buffalo Law Journal: Legal publication used in Erie County