Overview
Washington County is located in New York with a population of approximately 59,839. The Washington 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 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.
For estates valued at $50,000 or less (excluding jointly held assets and assets with named beneficiaries), New York offers a simplified "Voluntary Administration" process (often called a small estate proceeding). This involves filing an Affidavit in Relation to Settlement of Estate Under Article 13 (Form SE-3A).
New York State sets probate filing fees based on the value of the estate. Fees range from $45 for estates under $10,000 to $1,250 for estates over $500,000. Statutory executor commissions are also set by law, starting at 5% for the first $100,000 of the estate.
This guide provides an informational overview of the Washington 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
Washington County Surrogate's Court
Probate matters in Washington County are handled at the Washington County Municipal Center.
Address: 383 Broadway, Fort Edward, NY 12828
Phone: 518-480-6970 (Surrogate's Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located in the Municipal Center complex (Building B or C). Hon. Kelly S. McKeighan serves as the Surrogate Judge. Rachel Clothier serves as Chief Clerk.
Parking and Access
Free parking is generally available in the Municipal Center lots. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration (Small Estate): If the value of personal property is $50,000 or less, you may qualify for a simplified process with a $1.00 filing fee.
- Exempt Property: Certain assets (up to specific limits) pass to a surviving spouse or children under 21 exempt from estate creditors.
- 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 with the Washington County Surrogate's Court. Include:
- Original Last Will and Testament
- Certified copy of Death Certificate
- Petition for Probate
- Filing fee (based on estate value)
- Affidavit of Heirship (if required), Waivers of Process, and other supporting documents
Note: E-filing via NYSCEF is mandatory for Surrogate's Court matters in Washington County, with limited exceptions for pro se litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Citation or Waiver of Process) to all heirs, beneficiaries, and interested parties. If parties do not sign a waiver, they must be served with a Citation at least 10 days before the hearing (20 days if out of state).
- Publish notice in a newspaper of general circulation in Washington County if the court requires it (typically for unknown heirs).
Step 4: Attend the Hearing
The court will schedule a hearing on the petition if there are objections or if waivers were not obtained from all parties. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — New York provides a 7-month creditor claim period from the date Letters are issued.
- Inventory and appraise all estate assets within 9 months (Rule 207.20).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Washington County-Specific Procedures
- E-Filing (NYSCEF): Mandatory for most probate and administration proceedings in Washington County.
- Inventory of Assets: Must be filed with the court within 9 months of the issuance of letters (Rule 207.20).
- Court Hours: The court is open 9:00 AM to 5:00 PM, Monday through Friday.
- Publication: If required by the court (e.g., for unknown heirs), notice must be published in a newspaper of general circulation in Washington County for four consecutive weeks.
Always check with the Chief Clerk for the most current local rules and checklists.
Timeline & Fees
Filing Fees (Washington County)
- Probate Petition (Estate > $500k): $1,250
- Probate Petition (Estate $250k-$500k): $625
- Probate Petition (Estate $100k-$250k): $420
- Probate Petition (Estate $50k-$100k): $280
- Small Estate Affidavit: $1.00
- Certified copies of Letters: $6.00 per certified copy
- Publication costs: approximately $150-$350 depending on the newspaper
New York sets statutory executor commissions (SCPA 2307): 5% on first $100k, 4% on next $200k, 3% on next $700k, 2.5% on next $4M, 2% on excess.
Payment Methods
The court accepts checks, money orders, and credit cards (via NYSCEF). Credit card payments via NYSCEF may incur a service fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 7-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 3+ years
The 7-month creditor claim period often sets the minimum timeline for closing an estate to ensure the executor is protected from liability.
Local Resources
Washington County Court Resources
- Court Website: ww2.nycourts.gov
- Probate Self-Help: NYS CourtHelp - Probate
- New York State Surrogate's Court Forms: Official Forms
Legal Aid and Attorney Referrals
- New York State Bar Association: (518) 463-3200 — Lawyer Referral Service
- Legal Aid Society of Northeastern New York: (518) 587-4949 — Legal Assistance
- State Bar Lawyer Referral: nysba.org
Publication
- The Post-Star: (518) 792-3131 — General Circulation
- The Whitehall Times: (518) 499-1111 — Local Weekly