Overview
Montgomery County is located in New York with a population of approximately 49,648. The Montgomery 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 exempt property). This involves filing an "Affidavit in Relation to Settlement of Estate Under Article 13" (Form SE-3A) to settle the estate without full probate.
Filing fees in New York are tiered based on the value of the estate, ranging from $45 for estates under $10,000 to $1,250 for estates over $500,000.
This guide provides an informational overview of the Montgomery 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
Montgomery County Surrogate's Court
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 58 Broadway, P.O. Box 1500, Fonda, NY 12068
Phone: 518-853-8108 (Surrogate's Court Clerk)
Chief Clerk: Alison Thomas-Oravsky, Esq.
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located within the main county courthouse complex in Fonda. The court handles the probate of wills, administration of estates, and guardianship proceedings.
Parking and Access
The main parking lot is located behind the courthouse. Additional street parking is available along Court Street and Broadway (NY-30A). 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 is valued at $50,000 or less (excluding specific exempt property), you may file an Affidavit in Relation to Settlement of Estate Under Article 13 (Form SE-3A) for a simplified process.
- 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 or Petition for Administration with the Montgomery County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Probate Filing Fee (based on estate value)
- Family Tree Affidavit (if required)
- Waivers and Consents from interested parties (or Citations if they do not consent)
E-filing via NYSCEF is mandatory for many case types in Montgomery County Surrogate's Court. Check with the court for specific exemptions.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If beneficiaries do not sign a Waiver and Consent, 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 Montgomery County News or The Recorder.
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 grant the decree without a formal hearing. Once approved, 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:
- Open an estate bank account
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims and taxes (wait 7 months for creditor claims period)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Judicial Settlement of Account or obtain Receipts and Releases from beneficiaries to close the estate
Local Requirements
Montgomery County-Specific Procedures
- E-filing: Montgomery County Surrogate's Court participates in the New York State Courts Electronic Filing (NYSCEF) system. E-filing is often mandatory for probate and administration proceedings.
- Local Forms: While statewide forms are standard, the court may require specific local affidavits for family trees or residency.
- Bond Requirements: The court may require an administrator to post a bond to protect estate assets, unless the will waives this requirement or all beneficiaries consent to waive it.
- Publication: Notice must be published in a newspaper designated by the Surrogate if required. Common publications include Montgomery County News.
Always check with the Chief Clerk for the most current local rules and submission requirements.
Timeline & Fees
Filing Fees (Montgomery County)
Fees are determined by the value of the estate (SCPA § 2402):
- Less than $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
- Voluntary Administration (Small Estate): $1.00
Payment Methods
The court accepts cash, checks (payable to "Montgomery County Surrogate Court"), money orders, and credit cards (via NYSCEF for e-filed cases).
Estimated Timelines
- Simple estates (Voluntary Administration): 2-4 weeks
- Uncontested Probate/Administration: 1-3 months
- Complex or contested estates: 6 months to 2+ years
Timelines depend heavily on obtaining waivers from heirs, tax clearance, and the 7-month creditor claim period.
Local Resources
Montgomery County Court Resources
- Court Website: Montgomery County Surrogate's Court
- Probate Self-Help: NY CourtHelp - Probate
- NYS Probate Forms: Statewide Forms
Legal Aid and Attorney Referrals
- New York State Bar Association Referral Service: 800-342-3661 — Find a Lawyer
- Legal Aid Society of Northeastern NY: 833-628-0087 — lasnny.org