Overview
Fulton County is located in New York with a population of approximately 52,073. The Fulton 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 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 valued at $50,000 or less (excluding jointly held assets and assets with named beneficiaries), New York offers a simplified "Voluntary Administration" process. This involves filing an Affidavit of Voluntary Administration along with a certified death certificate and the original will (if any) for a nominal fee of $1.00.
New York State law sets executor commissions based on the value of the estate: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on amounts above $5,000,000.
This guide provides an informational overview of the Fulton 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
Fulton County Surrogate's Court
Probate matters in Fulton County are handled at the Fulton County Office Building.
Address: 223 West Main Street, Johnstown, NY 12095
Phone: (518) 706-3280 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located in the Fulton County Office Building in Johnstown. The court is presided over by the Hon. Michael W. Smrtic.
Parking and Access
Public parking is available in the lot located at the corner of N. William and W. State Streets, adjacent to the facility.
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.
- Exempt Property: Certain assets up to specific limits (e.g., one motor vehicle up to $25,000) pass to a surviving spouse or children under 21 outside the estate value calculation.
- 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 Fulton County Surrogate's Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Family Tree Affidavit (if required)
- Filing fee (based on estate value)
- Proposed Decree
Fulton County Surrogate's Court participates in the New York State Courts Electronic Filing (NYSCEF) system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (for NY residents)
- Publish notice in a newspaper of general circulation in Fulton County for four consecutive weeks (if required by the court)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — New York law provides a 7-month period for creditors to file claims after Letters are issued
- Inventory and appraise all estate assets within 9 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Fulton County-Specific Procedures
- E-Filing (NYSCEF): Fulton County allows electronic filing for probate and administration proceedings via the NYSCEF system.
- Inventory of Assets: Must be filed within 9 months of the issuance of letters (Rule 207.20).
- Family Tree: A Family Tree Affidavit is often required when there is only one distributee or the distributees are cousins.
- Publication: Notice must be published in a newspaper of general circulation in Fulton County for four consecutive weeks.
The court may require a bond for administrators unless all distributees consent to waive it.
Timeline & Fees
Filing Fees (Fulton County)
- Probate Petition (Estate >$500k): approximately $1,250
- Probate Petition (Estate $250k-$500k): approximately $625
- Certified copies of Letters: approximately $6.00 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Small Estate Affidavit: $1.00
Executor commissions are set by statute: 5% on the first $100k, 4% on the next $200k, 3% on the next $700k, 2.5% on the next $4M, and 2% on amounts above $5M.
Payment Methods
The court accepts cash, certified checks, money orders, and credit cards (via NYSCEF or in person). Credit card payments may incur a service fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 7-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 3 years
The 7-month creditor claim period sets a minimum baseline for closing an estate.
Local Resources
Fulton County Court Resources
- Court Website: ww2.nycourts.gov
- Probate Self-Help: NY Courts Probate Help
- NY State Probate Forms: Surrogate's Court Forms
Legal Aid and Attorney Referrals
- New York State Bar Association: (518) 463-3200 — Lawyer Referral Service
- Legal Aid Society of Northeastern New York: (518) 462-6765 — Legal Assistance
- NYSBA Lawyer Referral: nysba.org
Publication
- The Leader-Herald: (518) 725-8616 — Official Newspaper
- The Daily Gazette: (518) 374-4141 — General Circulation