Overview
Putnam County is located in New York with a population of approximately 98,409. The Putnam 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 real property). This involves filing a "Small Estate Affidavit" to settle assets 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 Putnam 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
Putnam Surrogate's Court
Probate matters in Putnam County are handled at the Historic Courthouse.
Address: 44 Gleneida Avenue, Carmel, NY 10512
Phone: 845-208-7860 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located in the historic county courthouse in the hamlet of Carmel. The court handles the probate of wills, administration of intestate estates, and guardianship proceedings.
Parking and Access
Street parking is available along Gleneida Avenue and surrounding streets. There are also municipal parking lots nearby. The courthouse is ADA accessible; visitors requiring assistance should contact the court in advance or upon arrival. Security screening is required for entry.
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 (excluding real estate), you may file a Small Estate Affidavit.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically 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 Putnam Surrogate's Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Probate or Administration Petition
- Filing fee (based on estate value)
- Family Tree Affidavit (if required)
Putnam County participates in the NYSCEF (New York State Courts Electronic Filing) system. Check with the court or your attorney to see if e-filing is mandatory for your specific case type.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If waivers and consents cannot be obtained from all interested parties (distributees), the court will issue a Citation. You must serve this Citation on the parties to notify them of the hearing date.
- Notice of Probate: Mail a Notice of Probate to all beneficiaries named in the will who are not distributees.
Step 4: Attend the Hearing
If all waivers are filed, a hearing may not be necessary. If a Citation was issued, the court will hold a hearing on the return date. If there are no objections, the Surrogate will issue a decree granting probate or administration.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, 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 (creditors typically have 7 months to file claims)
- File federal and state tax returns
- Distribute remaining assets to beneficiaries
- File a formal or informal accounting to close the estate
Local Requirements
Putnam County-Specific Procedures
- E-Filing: Putnam Surrogate's Court utilizes the NYSCEF system. Many new proceedings can or must be commenced electronically.
- Family Tree: A Family Tree Affidavit is often required to demonstrate the decedent's distributees, especially in administration proceedings or when the distributees are distant relatives.
- Bond: The court may require an administrator to post a bond to protect the estate assets, unless the will explicitly waives this requirement or all distributees consent to waive it.
- Publication: If the whereabouts of a necessary party are unknown, the court may order service by publication in a designated newspaper.
Always check with the Chief Clerk for the most current local rules and submission requirements.
Timeline & Fees
Filing Fees (Putnam County)
Fees are determined by the value of the estate (SCPA § 2402):
- Under $10,000: $45
- $10,000 to $19,999: $75
- $20,000 to $49,999: $215
- $50,000 to $99,999: $280
- $100,000 to $249,999: $420
- $250,000 to $499,999: $625
- $500,000 and over: $1,250
- Voluntary Administration (Small Estate): $1.00
Payment Methods
The court accepts cash, checks (payable to "Putnam County Surrogate's Court"), and credit cards (Visa, MasterCard, Discover) for in-person filings. NYSCEF filings are paid via credit card online.
Estimated Timelines
- Simple estates (uncontested): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to several years
Creditors in New York generally have 7 months from the issuance of letters to file claims against the estate.
Local Resources
Putnam County Court Resources
- Court Website: Putnam Surrogate's Court
- Probate Self-Help: NY CourtHelp - Probate
- NYS Probate Forms: Statewide Forms
Legal Aid and Attorney Referrals
- Putnam County Bar Association: (845) 225-4904 — Attorney referral service
- Legal Services of the Hudson Valley: (845) 471-0058 — Civil legal services for eligible residents
- NYS Bar Association Lawyer Referral: Find a Lawyer
Publication
- The Putnam County News & Recorder: (845) 265-2468 — Local legal notices
- The Putnam County Courier: (845) 225-3633 — Countywide circulation
- The Journal News: (855) 288-3272 — Regional daily newspaper