Where do I file for probate in Ulster County?

Filings are made at the Ulster County Surrogate's Court, 244 Fair Street, Kingston, NY 12401. However, new cases must be filed electronically via the NYSCEF system.

How much does probate cost in Ulster County?

Filing fees range from $45 for estates under $10,000 to $1,250 for estates over $500,000. There are also small fees for certificates of appointment ($6 each).

Can I avoid probate in Ulster County with a small estate?

Yes, if the decedent's personal property is valued at $50,000 or less (excluding real estate), you can use the simplified 'Voluntary Administration' process by filing a Small Estate Affidavit.

How long does probate take in Ulster County?

An average uncontested probate takes about 7-9 months. This includes the mandatory 7-month waiting period for creditors to file claims against the estate.

Do I need an attorney for probate in Ulster County?

New York law does not strictly require an attorney, but probate can be complex. The court staff cannot provide legal advice. For estates with real property or potential disputes, hiring an attorney is highly recommended.

What is the creditor claim period in New York?

Creditors have 7 months from the date Letters are issued to file claims against the estate. Executors who distribute assets before this period expires may be personally liable for unpaid debts.

Ulster County Probate Guide: Courts, Fees & Process (2026)

Overview

Ulster County is located in New York with a population of approximately 182,977. The Ulster 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 the estate without full probate.

New York does not have a statutory fee schedule for attorneys; fees must be reasonable based on the work performed. 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 Ulster 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

Ulster County Surrogate's Court

Probate matters in Ulster County are handled at the Ulster County Surrogate's Court.

Address: 244 Fair Street, Kingston, NY 12401

Phone: (845) 481-9338

Hours: Monday through Friday, 9:00 AM to 5:00 PM

The Surrogate's Court is located on the 3rd floor of the County Office Building. It handles all issues relating to wills, estates, and guardianships.

Parking and Access

Public parking is available in the Ulster County Office Building parking lot, located at the corner of Main and Fair Streets (entrance on Main St). There is also metered street parking available on Fair Street and surrounding blocks. The building is accessible, with an entrance at the back of the facility featuring automatic sliding doors.

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 Assets/Beneficiary Designations: Assets held jointly with rights of survivorship or with named beneficiaries (like life insurance or IRAs) pass directly to the survivor and do not require 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 Ulster County Surrogate's Court. Include:

Original Will and Codicils (if any)
Certified Death Certificate
Probate or Administration Petition
Filing fee (based on the value of the estate)
Family Tree Affidavit (if required)

Note: E-filing via NYSCEF is mandatory for all new probate and administration proceedings in Ulster County.

Step 3: Provide Notice

After filing, you must:

Serve Citation: If waivers and consents cannot be obtained from all interested parties (heirs/distributees), the court will issue a Citation. You must serve this Citation on the parties, 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.

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 wills) or Letters of Administration (no will).

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Wait 7 months for creditors to file claims (statutory period)
Inventory and appraise all estate assets within 9 months (Rule 207.20)
Pay valid creditor claims and taxes
File federal and state tax returns as needed
Distribute assets to beneficiaries
File a Petition for Judicial Settlement or file "Receipts and Releases" from all beneficiaries to close the estate

Local Requirements

Ulster County-Specific Procedures

Mandatory E-Filing: Ulster County requires electronic filing (NYSCEF) for all new probate and administration proceedings.
Newspaper Designation: The County Clerk or Surrogate designates specific newspapers for publication based on the decedent's residence. Common papers include the Daily Freeman, Southern Ulster Times, and New Paltz Times.
Local Rules: The court may have specific requirements for Family Tree Affidavits or bond requirements for out-of-state fiduciaries.
Publication: Notice to creditors is typically not required to be published unless the court specifically orders it, but the 7-month creditor period applies regardless.

Always check with the Chief Clerk for the most current local protocols.

Timeline & Fees

Filing Fees (Ulster County)

Fees are based on the value of the estate (SCPA § 2402):

Less than $10,000: $45
$10,000 but under $20,000: $75
$20,000 but under $50,000: $215
$50,000 but under $100,000: $280
$100,000 but under $250,000: $420
$250,000 but under $500,000: $625
$500,000 and over: $1,250

Note: There is a $6.00 fee for each Certificate of Appointment (Letters).

Payment Methods

The court accepts cash, checks (payable to "Ulster 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 (including creditor period)
Complex or contested estates: 12 months to several years

The 7-month creditor claim period significantly influences the timeline for final distribution.

Local Resources

Ulster County Court Resources

Court Website: Ulster County Surrogate's Court
Probate Self-Help: NY CourtHelp - When Someone Dies
NYS Probate Forms: Surrogate's Court Forms

Legal Aid and Attorney Referrals

Ulster County Bar Association: (845) 331-5166 — Website
Legal Services of the Hudson Valley: (877) 574-8529 — Provides civil legal services to low-income residents.
NYS Bar Association Lawyer Referral: Find a Lawyer

Publication

Daily Freeman: (845) 331-5000 — Major daily newspaper in Kingston.
Southern Ulster Times: (845) 561-0170 — Weekly newspaper covering southern county areas.

Probate in Ulster County, New York: 2026 Guide