Overview
Ontario County is located in New York with a population of approximately 113,012. The Ontario 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). 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.
Small Estates: New York offers a simplified "Voluntary Administration" proceeding for estates valued at $50,000 or less (excluding the value of the decedent's primary residence in some cases). This process is faster and cheaper than formal probate.
Executor Commissions: New York law sets statutory commissions for executors based on the size of the estate (e.g., 5% on the first $100,000, 4% on the next $200,000, etc.).
This guide provides an informational overview of the Ontario 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
Ontario County Surrogate's Court
Probate matters in Ontario County are handled at the Ontario County Courthouse.
Address: 27 North Main Street, Canandaigua, NY 14424
Phone: (585) 412-5301 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located in the historic courthouse in downtown Canandaigua. The court handles the probate of wills, administration of intestate estates, and small estate proceedings.
Parking and Access
Public parking is available on-site and in adjacent municipal lots. There is a public parking lot located behind the courthouse and additional street parking nearby. The building is ADA accessible; the accessible entrance is located on West Avenue off of North Main Street.
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, you may file a Small Estate Affidavit for a fee of $1.00.
- Joint Assets: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Beneficiary Designations: Assets with named beneficiaries (like life insurance or IRAs) bypass probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate or Petition for Administration with the Ontario County Surrogate's Court. Ontario County is a mandatory e-filing court for many case types via NYSCEF. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Probate Petition (or Administration Petition)
- Filing fee (based on the value of the estate)
- Family Tree Affidavit (if required)
Step 3: Provide Notice
After filing, you must provide notice to all interested parties:
- Waiver and Consent: Beneficiaries may sign a waiver consenting to the appointment of the executor.
- Citation: If a beneficiary does not sign a waiver, the court will issue a Citation, which must be served on them, notifying them of the hearing date.
Step 4: Court Review and Letters
The court will review the petition and documents. If everything is in order and no objections are filed, the Surrogate Judge will issue a decree granting probate and issue Letters Testamentary (for wills) or Letters of Administration (no will). These documents give you the legal authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Open an estate bank account
- Inventory and appraise estate assets (Rule 207.20 requires filing an inventory of assets within 6 months)
- Pay valid creditor claims and taxes
- Distribute remaining assets to beneficiaries
- File a final accounting or "Receipt and Release" forms to close the estate
Local Requirements
Ontario County-Specific Procedures
- E-Filing: Ontario County Surrogate's Court participates in the New York State Courts Electronic Filing (NYSCEF) system. E-filing is mandatory for most probate and administration proceedings initiated by an attorney.
- Local Forms: While standard NY state forms are used, check with the clerk for any county-specific cover sheets or affidavits.
- Publication: If the whereabouts of a necessary party are unknown, the court may order service by publication in a designated newspaper.
- Inventory: A list of assets (Inventory of Assets) must be filed with the court within 6 months of the appointment of the fiduciary.
Timeline & Fees
Filing Fees (Ontario 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 to $20,000: $75
- $20,000 to $50,000: $215
- $50,000 to $100,000: $280
- $100,000 to $250,000: $420
- $250,000 to $500,000: $625
- $500,000 and over: $1,250
- Small Estate (Voluntary Admin): $1.00
Payment Methods
The court accepts cash, checks (payable to "Ontario County Surrogate Court"), and credit cards (service fees may apply).
Estimated Timelines
- Small Estates: 1-4 weeks
- Uncontested Probate: 1-3 months
- Complex or Contested Estates: 6 months to 2+ years
Timelines depend heavily on whether all heirs sign waivers immediately or if citations must be issued and served.
Local Resources
Ontario County Court Resources
- Court Website: Ontario County Surrogate's Court
- NYSCEF (E-Filing): New York State Courts Electronic Filing
- Probate Forms: NY Courts Forms
Legal Aid and Attorney Referrals
- Ontario County Bar Association: (585) 394-0630 — Provides attorney referrals.
- Legal Assistance of Western New York (LawNY): (315) 781-1465 — Provides legal aid for eligible low-income residents.
Publication
- The Daily Messenger: (585) 394-0770 — Canandaigua based, often used for legal notices.
- Finger Lakes Times: (315) 789-3333 — Geneva based, often used for legal notices.