Overview
Tompkins County is located in New York with a population of approximately 105,000. The Tompkins 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 (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.
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.
New York does not have a statutory fee schedule for attorneys; fees must be reasonable based on the complexity of the estate. Executors are entitled to statutory commissions based on the value 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 Tompkins 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
Tompkins County Surrogate's Court
Probate matters in Tompkins County are handled at the Tompkins County Courthouse.
Address: 320 North Tioga Street, Ithaca, NY 14850
Phone: (607) 216-6655 (Surrogate's Court Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Surrogate's Court is located within the main county courthouse complex. The court handles all matters relating to wills, estates, and guardianships.
Parking and Access
Public parking is available on-site and in adjacent municipal lots. The Seneca Street Parking Garage is located nearby. Metered street parking is also available on surrounding streets (typically $2.50/hour). The courthouse is accessible to persons with disabilities via the main entrance.
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 Small Estate Affidavit (Article 13).
- Joint Assets: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 Tompkins County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Probate Citation (or Waivers of Process and Consent to Probate)
- Filing fee (based on the value of the estate)
- Family Tree Affidavit (if required)
E-filing via NYSCEF is mandatory for most Surrogate's Court matters in Tompkins County.
Step 3: Provide Notice
After filing, you must:
- Serve Citation on all distributees (heirs) who have not signed a Waiver and Consent. This notifies them of the probate hearing.
- Publish notice if the court requires it (typically for unknown heirs) in a designated newspaper such as The Ithaca Journal.
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 (Judge) may grant the decree without a formal hearing, issuing Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (New York law provides a 7-month period for creditors to file claims)
- Inventory and appraise all estate assets within 9 months (Rule 207.20)
- Pay valid creditor claims and funeral expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Judicial Settlement of Account or informal accounting releases to close the estate
Local Requirements
Tompkins County-Specific Procedures
- E-filing: Tompkins County is a mandatory e-filing county for Surrogate's Court matters via the NYSCEF system.
- Inventory of Assets: A list of assets (Rule 207.20 statement) must be filed with the court within 9 months of the issuance of letters.
- Local Rules: The court may have specific preferences for the format of the Family Tree Affidavit or other supporting documents; check with the Clerk's office.
- Publication: If publication is required (e.g., for Notice to Creditors or unknown heirs), it must be done in a newspaper designated by the court, typically The Ithaca Journal.
Always check with the Chief Clerk for the most current local protocols.
Timeline & Fees
Filing Fees (Tompkins 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
- Certified copies of Letters: $6.00 per certificate
Payment Methods
The court accepts cash, checks (payable to "Tompkins County Surrogate's Court"), and credit cards (via NYSCEF for e-filing).
Estimated Timelines
- Simple estates (Voluntary Administration): 4-8 weeks
- Average probate (uncontested): 7-9 months
- Complex or contested estates: 12 months to several years
The creditor claim period in New York is 7 months from the date Letters are issued.
Local Resources
Tompkins County Court Resources
- Court Website: Tompkins County Surrogate's Court
- Probate Self-Help: NY CourtHelp - Probate
- NYS Probate Forms: Surrogate's Court Forms
Legal Aid and Attorney Referrals
- Tompkins County Bar Association: (607) 273-7200 — Provides attorney referrals
- Legal Assistance of Western New York (LawNY): (607) 273-3667 — Legal aid for eligible low-income residents
- NYS Bar Association Lawyer Referral: nysba.org
Publication
- The Ithaca Journal: (607) 272-2321 — Newspaper of general circulation
- Tompkins Weekly: (607) 533-4270 — Weekly community newspaper