Overview
Madison County is located in New York with a population of approximately 67,000. The Madison 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 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 called Voluntary Administration for small estates valued at $50,000 or less (excluding certain assets). This involves filing an "Affidavit in Relation to Settlement of Estate Under Article 13" to appoint a Voluntary Administrator.
New York does not have a statutory fee schedule for attorneys; fees must be reasonable based on factors like time spent and estate complexity. Executors are entitled to statutory commissions based on the value of the probate estate (e.g., 5% on the first $100,000, 4% on the next $200,000, etc.).
This guide provides an informational overview of the Madison 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
Madison County Surrogate's Court
Probate matters in Madison County are handled at the Madison County Courthouse.
Address: 138 North Court Street, Wampsville, NY 13163
Phone: 315-231-5321 (Surrogate's Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
Surrogate: Hon. Michael St. Leger
The Surrogate's Court is located within the main county courthouse complex in Wampsville. The court handles the probate of wills, administration of estates, and guardianship proceedings.
Parking and Access
Free public parking is available on-site in the lots adjacent to the courthouse and county office buildings. Additional parking can be found at the nearby Highway Garage or DSS Building if the main lot is full. The building is ADA accessible with a ramped entrance.
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 is valued at $50,000 or less, you may file a simplified "Affidavit in Relation to Settlement of Estate Under Article 13."
- Joint Assets/Beneficiary Designations: Assets held jointly with rights of survivorship or with named beneficiaries (like life insurance or IRAs) generally pass outside of probate.
- 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 or Petition for Administration with the Madison County Surrogate's Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Probate Petition (or Administration Petition)
- Filing fee (based on the value of the estate)
- Waivers of Process and Consent to Probate from all distributees (heirs)
Madison County participates in the New York State Courts Electronic Filing (NYSCEF) system for Surrogate's Court matters.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If any heirs do not sign a waiver, the court will issue a Citation which must be formally 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 local newspaper.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition if there are objections or if a Citation was issued. If all waivers are filed and there are no contests, the court may grant the petition without a formal hearing. 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 and appraise all estate assets within 6-9 months (Inventory of Assets form)
- Pay valid creditor claims (creditors generally have 7 months to file claims)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Judicial Settlement of Account or obtain "Receipt and Release" forms from beneficiaries to close the estate
Local Requirements
Madison County-Specific Procedures
- E-Filing: Madison County Surrogate's Court allows e-filing via NYSCEF. Check with the court for mandatory e-filing rules for specific case types.
- Family Tree: A Family Tree Affidavit is often required to establish the distributees of the decedent, especially in intestate cases.
- Bond requirements: The court may require a fiduciary bond for administrators, especially if there are minor beneficiaries or unpaid creditors, unless the will explicitly waives it.
- Publication: If publication is required (e.g., for unknown heirs), it must be done in a newspaper designated by the Surrogate, such as the Oneida Daily Dispatch or Madison County Journal.
Always check with the Chief Clerk for the most current local rules and checklist requirements.
Timeline & Fees
Filing Fees (Madison County)
Filing fees in New York Surrogate's Court 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
Small Estate (Voluntary Administration): The fee is generally $1.00.
Payment Methods
The court accepts cash, checks (payable to "Madison County Surrogate's Court"), and credit cards (service fees may apply).
Estimated Timelines
- Simple estates (Voluntary Administration): 2-4 weeks
- Uncontested Probate/Administration: 1-3 months to receive Letters
- Complex or contested estates: 6 months to 2 years or more
Timelines depend heavily on whether all heirs sign waivers and if tax returns are required.
Local Resources
Madison County Court Resources
- Court Website: Madison County Surrogate's Court
- Probate Self-Help: NY Courts DIY Forms
- NYS Probate Forms: Official Forms
Legal Aid and Attorney Referrals
- Madison County Bar Association: Local attorney listings
- Legal Aid Society of Mid-New York: (315) 793-7000 — Civil legal services for low-income residents
- NYS Bar Association Lawyer Referral: nysba.org
Publication
- Oneida Daily Dispatch: (315) 363-5100 — General circulation
- Madison County Journal: (315) 697-7033 — Legal notices