Overview
Orleans County is located in New York with a population of approximately 39,686. The Orleans 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 (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.
Small Estates: New York offers a simplified "Voluntary Administration" proceeding for estates valued at $50,000 or less (excluding real property). This involves filing a Small Estate Affidavit (Form SE-1) for a nominal fee of $1.00.
Fees: Filing fees in New York are tiered based on the value of the estate, ranging from $45 for small estates to $1,250 for estates over $500,000.
This guide provides an informational overview of the Orleans 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
Orleans County Surrogate's Court
Probate matters in Orleans County are handled at the Orleans County Courthouse.
Address: 1 South Main Street, Suite 3, Albion, NY 14411-1497
Phone: 585-283-6658 (Surrogate's Court Chief Clerk)
General Courthouse Phone: 585-283-6622
Hours: Monday through Friday, 9:00 AM to 5:00 PM
Surrogate's Court Chief Clerk: Jamie Summers
Judge: Hon. Sanford A. Church (County, Family & Surrogate Court Judge)
The Surrogate's Court is located within the historic county courthouse complex in Albion. The court handles the probate of wills, administration of intestate estates, and small estate proceedings.
Parking and Access
Limited free street parking is available around the courthouse square. There is also a free public parking lot located behind the courthouse. The building is accessible, with elevators available for public use.
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 simplified Affidavit in Relation to Settlement of Estate Under Article 13 (Form SE-1).
- Joint Assets: Assets held jointly with rights of survivorship pass directly to the co-owner.
- Beneficiary Designations: Assets with named beneficiaries (e.g., life insurance, IRAs) bypass 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 (Form P-1) or Petition for Administration (Form A-1) with the Orleans County Surrogate's Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Probate Citation or Waivers and Consents from all heirs
- Filing fee (based on estate value)
- Family Tree Affidavit (if required)
Note: Check with the Surrogate's Court Chief Clerk regarding current e-filing requirements. While NYSCEF is available for certain court filings, verify whether it is mandatory for Surrogate's Court probate proceedings in Orleans County.
Step 3: Provide Notice
After filing, you must obtain jurisdiction over all interested parties (heirs and beneficiaries):
- Waivers and Consents: Ask heirs to sign a Waiver of Process and Consent to Probate form to speed up the process.
- Citation: If an heir refuses to sign or cannot be located, the court will issue a Citation. You must serve this Citation on them (personally or by mail) at least 10 to 20 days before the hearing date, depending on their location.
- Publication: If an heir's identity or location is unknown, the court may order service by publication in a local newspaper, typically The Daily News.
Step 4: Attend the Hearing
If all Waivers are filed and there are no objections, a formal hearing may not be necessary. If a Citation was issued or objections are filed, a hearing will be scheduled. Upon approval, the Surrogate Judge 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 estate assets (file Inventory of Assets within 9 months)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries according to the Will or NY laws of intestacy
- File a Petition for Judicial Settlement of Account or obtain Releases from beneficiaries to close the estate
Local Requirements
Orleans County-Specific Procedures
- E-filing: Check with the Surrogate's Court Chief Clerk at 585-283-6658 regarding current e-filing requirements. NYSCEF may be available for certain filings; verify whether it is mandatory for probate and administration matters in Orleans County Surrogate's Court.
- Newspaper of General Circulation: For notices requiring publication (such as citations to unknown heirs), the court typically designates The Daily News (Batavia).
- Local Rules: Always check with the Chief Clerk for specific local requirements regarding Family Tree Affidavits or bond requirements for out-of-state fiduciaries.
- Bond: A surety bond may be required for administrators of intestate estates unless all heirs consent to waive it and the court approves.
Timeline & Fees
Filing Fees (Orleans 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, money orders, certified checks, and credit cards (Visa, MasterCard, Discover). Credit card payments made in person or via NYSCEF may incur a service fee (typically ~2.99%). Personal checks are generally not accepted.
Estimated Timelines
- Simple estates (Waivers signed, no disputes): 1-3 months to obtain Letters; 7-9 months to settle.
- Average estates: 9-15 months.
- Complex or contested estates: 18 months to several years.
Factors affecting timeline include the 7-month creditor claim period in NY and tax return processing times.
Local Resources
Orleans County Court Resources
- Court Website: Orleans County Surrogate's Court
- Probate Self-Help: NY CourtHelp - When Someone Dies
- NY Probate Forms: Official NY State Surrogate's Court Forms
Legal Aid and Attorney Referrals
- NYS Bar Association Lawyer Referral: nysba.org
- Legal Assistance of Western New York: 585-325-2520 — Provides civil legal services to low-income residents.
Publication
- The Daily News (Batavia): 585-343-8000 — Often designated for legal notices in Orleans County.