Overview
Franklin County is located in New York with a population of approximately 47,000. The Franklin 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 estates with personal property valued at $50,000 or less, New York offers a simplified "Voluntary Administration" process (often called a small estate affidavit). This allows a voluntary administrator to settle the estate with reduced paperwork and fees.
New York State has a statutory fee schedule for probate filings based on the value of the estate. Executors and administrators may also be entitled to statutory commissions based on the size of the estate.
This guide provides an informational overview of the Franklin 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
Franklin County Surrogate's Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 355 West Main Street, Malone, NY 12953
Phone: 518-353-7350 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located within the historic Franklin County Courthouse in Malone. The court handles wills, estates, adoptions, and guardianships.
Parking and Access
Public parking is available on-site and in the main parking lot on Brewster Street behind the courthouse. There is also street parking available along Main Street. The courthouse has a ground-level entrance that is ADA accessible.
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" (Article 13).
- 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 Franklin County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Probate Petition (or Administration Petition)
- Filing fee (based on estate value)
- Family Tree Affidavit (if required)
Franklin County participates in the New York State Courts Electronic Filing (NYSCEF) system. Check with the court to see if e-filing is mandatory for your specific case type.
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 which must be served on them, notifying them of the hearing date.
- Publish Notice: If the address of an interested party is unknown, or if required by the court, you may need to publish notice in a designated newspaper such as The Malone Telegram.
Step 4: Attend the Hearing
The court may schedule a hearing if there are objections or issues with the petition. If the petition is uncontested and all documents are in order, the Surrogate may issue a decree without a formal hearing. Once approved, the court issues Letters Testamentary or Letters of Administration.
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 months (Rule 207.20)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries according to the will or laws of intestacy
- File a formal or informal accounting to close the estate
Local Requirements
Franklin County-Specific Procedures
- E-filing: Franklin County Surrogate's Court uses the NYSCEF system. E-filing may be mandatory for certain proceedings; check the latest administrative orders.
- Local Forms: While state forms are standard, the court may require specific local affidavits for residency or family trees depending on the circumstances.
- Publication: When publication is required (e.g., for unknown heirs), it is typically done in The Malone Telegram, the newspaper of general circulation in the county.
Always check with the Chief Clerk's office for the most current local rules and submission requirements.
Timeline & Fees
Filing Fees (New York Surrogate's Court)
Fees 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
Payment Methods
The court typically accepts cash, certified checks, money orders, and credit cards (Visa/Mastercard) for in-person filings. E-filings are paid via credit card or bank transfer through the NYSCEF system.
Estimated Timelines
- Simple estates (Voluntary Administration): 1-3 months
- Uncontested Probate/Administration: 7-9 months
- Complex or contested estates: 12 months to several years
Timelines can vary significantly based on court backlog, the speed of the executor, and whether any objections are filed.
Local Resources
Franklin County Court Resources
- Court Website: Franklin County Surrogate's Court
- Probate Self-Help: NY CourtHelp - When Someone Dies
- NYS Probate Forms: Surrogate's Court Forms
Legal Aid and Attorney Referrals
- New York State Bar Association LRS: 800-342-3661 — Find a Lawyer
- Legal Aid Society of Northeastern NY: 833-628-0087 — lasnny.org
Publication
- The Malone Telegram: 518-483-0100 — Newspaper of general circulation for legal notices.