Overview
Wyoming County is located in New York with a population of approximately 39,588. The Wyoming 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 for small estates called Voluntary Administration for estates valued at $50,000 or less (excluding real property). This process is faster and has a minimal filing fee of $1.00.
Statutory Executor Commissions: New York law sets a standard commission rate for executors based on the value of the estate:
- 5% on the first $100,000
- 4% on the next $200,000
- 3% on the next $700,000
- 2.5% on the next $4,000,000
- 2% on any amount above $5,000,000
This guide provides an informational overview of the Wyoming 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
Wyoming County Surrogate's Court
Probate matters in Wyoming County are handled at the Wyoming County Courthouse.
Address: 147 North Main Street, Warsaw, NY 14569
Phone: 585-228-3200 (Main) or 585-228-3217 (Surrogate's Office)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Surrogate's Court is located within the main county courthouse in Warsaw. The court handles all matters relating to wills, estates, and guardianships.
Parking and Access
Street parking is generally available around the courthouse in Warsaw. There are also public parking lots nearby. 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 estate consists of personal property valued at $50,000 or less (excluding real estate), you may file a Small Estate Affidavit for a simplified process.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
- Beneficiary Designations: Accounts with named beneficiaries (POD/TOD) 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 Wyoming County Surrogate's Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Probate Citation (if waivers cannot be obtained)
- Filing Fee (based on the value of the estate)
- Family Tree Affidavit (if required)
E-Filing: Wyoming County Surrogate's Court participates in the NYSCEF (New York State Courts Electronic Filing) system. Check with the court for mandatory e-filing rules for your specific case type.
Step 3: Provide Notice
After filing, you must:
- Serve Citation: If heirs or beneficiaries do not sign a Waiver and Consent, they must be served with a Citation to appear in court.
- Notice of Probate: Mail a Notice of Probate to all beneficiaries named in the will who are not distributees (heirs-at-law).
Step 4: Attend the Hearing
If there are no objections and 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 approved, the judge issues Letters Testamentary (for executors) or Letters of Administration (for administrators).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory Assets: Identify and value all estate assets.
- Pay Debts: Notify creditors and pay valid claims. The creditor claim period in NY is generally 7 months from the date letters are issued.
- File Taxes: File final personal income tax returns and estate tax returns if applicable.
- Distribute Assets: Distribute remaining assets to beneficiaries according to the will or state law.
- Close the Estate: File a Petition for Judicial Settlement of Account or obtain Receipts and Releases from all beneficiaries to close the estate informally.
Local Requirements
Wyoming County-Specific Procedures
- E-Filing: The court utilizes the NYSCEF system. Verify if your matter requires electronic filing.
- Local Forms: While statewide forms are standard, the court may require specific local affidavits for family trees or other matters.
- Publication: If the whereabouts of an heir are unknown, the court may order service by publication in a designated newspaper.
- Bond: The court may require a fiduciary bond, especially for out-of-state executors or in intestate cases, unless the will explicitly waives it.
Always check with the Chief Clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Wyoming County)
Filing fees are based on the value of the estate (SCPA § 2402):
- Less than $10,000: $45.00
- $10,000 but under $20,000: $75.00
- $20,000 but under $50,000: $215.00
- $50,000 but under $100,000: $280.00
- $100,000 but under $250,000: $420.00
- $250,000 but under $500,000: $625.00
- $500,000 and over: $1,250.00
- Voluntary Administration (Small Estate): $1.00
Payment Methods
The court accepts cash, checks (payable to "Wyoming County Surrogate Court"), and credit cards (service fees may apply).
Estimated Timelines
- Voluntary Administration: 2-4 weeks
- Uncontested Probate: 1-3 months to obtain Letters; 7-12 months to settle.
- Contested/Complex Estates: 12 months to several years.
The 7-month creditor claim period often dictates the minimum time before final distribution can safely occur.
Local Resources
Wyoming County Court Resources
- Court Website: Wyoming County Surrogate's Court
- Probate Self-Help: NY CourtHelp - When Someone Dies
- NY Probate Forms: Statewide Surrogate's Court Forms
Legal Aid and Attorney Referrals
- New York State Bar Association LRS: (800) 342-3661 — nysba.org
- Legal Assistance of Western New York: (585) 343-5450 — lawny.org
Publication
- The Daily News (Batavia): (585) 343-8000 — Often used for legal notices in the region.
- The Perry Herald: (585) 237-2222 — Local weekly newspaper.