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Albany County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Albany County Surrogate's Court, one of the 62 county Surrogate's Courts in New York; there is no separate probate court, register of wills, or probate division of another court |
| Filing office | The office of the Chief Clerk of the Surrogate's Court (Victoria M. Craft, Esq.) |
| Courthouse | Albany County Courthouse, 16 Eagle Street, Room 123, Albany, NY 12207; mail is addressed to 16 Eagle Street, but the only public entrance is on Lodge Street |
| Phone | (518) 285-8585 (Surrogate's Court clerk's office) |
| Fax | (518) 285-8237 |
| [email protected] | |
| Office hours | Monday to Friday, 9:00 AM to 5:00 PM, except state holidays |
| Filing fee | Set statewide by SCPA 2402 (Surrogate's Court Procedure Act) on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, plus $1 for a small estate handled by voluntary administration under SCPA Article 13. The schedule is uniform in every county; there is no Albany County add-on (verified July 2026) |
| Local probate forms | None beyond the statewide official Surrogate's Court forms; the same forms are used in every county's Surrogate's Court |
| E-filing | Mandatory through NYSCEF for all new proceedings filed on or after October 19, 2016, other than guardianships, adoptions, and select lifetime-trust (inter vivos) filings. Attorneys must e-file; a self-represented filer is exempt and may e-file, file on paper at the clerk's office, or file by mail |
| Online case search | WebSurrogate, the statewide Surrogate's Court case search (coverage varies by county), and the NYSCEF case search for e-filed cases |
| Remote appearance | Not published for Albany County; ask the Surrogate's Court clerk's office at (518) 285-8585 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/3rd-judicial-district/albany-county-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Albany County, know exactly what is in the estate. Which New York path fits depends on whether there is a will and on the value and type of the assets: a probate proceeding under the Surrogate's Court Procedure Act (SCPA) Article 14 when there is a will, an administration proceeding under SCPA Article 10 when there is not, or voluntary administration under SCPA Article 13 for a qualifying small estate. Those paths and their dollar thresholds are statewide and are explained on the New York state page; identify the estate first so you file the right petition once.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the Surrogate's Court. How real property is titled matters, because a jointly owned home or a beneficiary-designated account passes outside probate while real property in the decedent's sole name does not, so the estate that actually goes through the Albany County Surrogate's Court can be smaller than the family expects. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Albany County Surrogate's Court serves all of Albany County, whose communities include the City of Albany, the state capital, along with the cities of Cohoes and Watervliet and the towns and villages of Colonie, Guilderland, Bethlehem, Green Island, New Scotland, Coeymans, Rensselaerville, Berne, Knox, Westerlo, and the surrounding Capital Region. There is one Surrogate's Court for the county, and it sits in the Albany County Courthouse at 16 Eagle Street in downtown Albany. The judge who hears probate and administration matters is the Surrogate, and the Chief Clerk of the Surrogate's Court runs the filing office; the Surrogate is elected and can change over time, so this page refers to the court rather than the sitting judge.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Albany County, file with the Albany County Surrogate's Court. If the decedent was not a New York domiciliary but left property in the county, venue can also lie here under SCPA 206, which is the basis for an ancillary proceeding when a will has already been admitted to probate in the decedent's home state. When you file, name Albany County as the venue for the case.
The jurisdiction process
- Gather the documents. Collect the original signed will (if there is one), a certified copy of the death certificate, the names and addresses of the decedent's distributees (the heirs at law), the proposed fiduciary's information, and a list of the assets and debts with values.
- Identify the proceeding. With a will, the named executor files a probate proceeding under SCPA Article 14 and the court issues Letters Testamentary. With no will, a distributee files an administration proceeding under SCPA Article 10 and the court issues Letters of Administration to the administrator. A qualifying small estate can proceed by voluntary administration under SCPA Article 13 (SCPA 1301), which ends in Letters of Voluntary Administration. The governing thresholds are statewide and are on the New York state page.
- Prepare the forms. New York uses one statewide set of official Surrogate's Court forms in every county. File the Petition for Probate (Form P-1) with a will, the Petition for Letters of Administration (Form A-1) without one, or the Affidavit of Voluntary Administration for a small estate. A self-represented filer can build the small-estate affidavit through the NY CourtHelp Small Estate do-it-yourself program.
- File with the Surrogate's Court. Albany County Surrogate's Court is a mandatory NYSCEF e-filing court for all new proceedings filed on or after October 19, 2016, other than guardianships, adoptions, and select lifetime-trust filings. An attorney must e-file through NYSCEF unless exempt under the court's e-filing protocol; a self-represented filer is exempt and may e-file, file on paper at the clerk's office in Room 123 at 16 Eagle Street (public entrance on Lodge Street), or file by mail. When you file electronically, select Albany County as the venue.
- Pay the filing fee. The fee is set statewide by SCPA 2402 on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, and it is $1 for a small estate handled by voluntary administration (verified July 2026). The court accepts payment by credit card online through NYSCEF or payment at the court; if you pay at the court, the papers are not treated as filed until the fee is paid in full.
- Give notice to the distributees. The petitioner obtains signed waivers and consents from the distributees where possible, or asks the court to issue a citation to those who do not sign. Submit a proposed citation through NYSCEF; once the Surrogate signs it, the court posts the completed citation to NYSCEF, and the filer then prints and serves it in accordance with the SCPA.
- Attend a hearing only if one is scheduled. Many uncontested probate and administration matters are decided on the papers without an appearance. If a hearing is set, it is held at the Albany County Courthouse; ask the clerk's office at (518) 285-8585 whether it can be handled virtually.
- Receive the authority document. On appointment the court issues Letters Testamentary (with a will), Letters of Administration (intestate), or Letters of Voluntary Administration (small estate). A certified copy of the letters is what banks and transfer agents rely on, so request enough certified copies for the institutions involved.
- Administer and close the estate. Inventory the assets, pay valid debts and claims (a fiduciary who distributes assets after seven months from the issuance of letters is protected under SCPA 1802), distribute what remains to the beneficiaries or distributees, and account to the court to close the estate.
Forms and documents
Probate forms in Albany County
New York has one statewide set of official Surrogate's Court forms, and Albany County uses the same forms as every other county; there is no separate Albany County probate form set. The load-bearing forms are the Petition for Probate (Form P-1), filed by the executor named in a will, the Petition for Letters of Administration (Form A-1), filed by a distributee when there is no will, and the Affidavit of Voluntary Administration, used for a qualifying small estate. These are the official Surrogate's Court forms promulgated under the Surrogate's Court regulations and published on the statewide forms hub.
In Albany County these forms are filed through NYSCEF, which is mandatory for attorneys and optional for self-represented filers, or on paper at the clerk's office in Room 123 at 16 Eagle Street or by mail. A self-represented filer settling a small estate can generate a completed Affidavit of Voluntary Administration through the NY CourtHelp Small Estate do-it-yourself program. For questions about local intake or what the clerk's office needs, call the Surrogate's Court at (518) 285-8585.
| Resource | What it provides |
|---|---|
| New York Surrogate's Court forms (nycourts.gov) | The statewide official Surrogate's Court forms, including the Petition for Probate (P-1) and the Petition for Letters of Administration (A-1) |
| NY CourtHelp Small Estate DIY program (nycourts.gov) | A guided do-it-yourself program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| NYSCEF e-filing (iapps.courts.state.ny.us/nyscef) | The statewide e-filing system used to file Albany County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Albany County Surrogate's Court | Local intake questions, hours, the clerk's office contact, and the county's e-filing protocol |
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Albany County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Albany County home was owned jointly with right of survivorship, or as tenants by the entirety, it passes to the surviving spouse outside probate on proof of death, so no Surrogate's Court proceeding is needed for the house itself. If other assets stood in the decedent's sole name and there is a will, the spouse files the Petition for Probate (Form P-1) with the Surrogate's Court and, once the will is admitted, receives Letters Testamentary as executor; with no will, the spouse files the Petition for Letters of Administration (Form A-1) and is issued Letters of Administration. | Asset discovery to confirm how the home and accounts are titled and what must go through the court. Packet generation for the P-1 or A-1 filing. A vetted attorney referral if a dispute arises. |
| Out-of-state adult child, small estate | A smaller estate of personal property with no solely owned real property can proceed by voluntary administration under SCPA Article 13 (SCPA 1301), using the Affidavit of Voluntary Administration for a $1 filing fee. Because Albany County Surrogate's Court is a mandatory NYSCEF court, an out-of-state child can e-file and correspond electronically and, in most matters, avoid traveling to Albany; papers can also be mailed to the clerk's office. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the affidavit, prepared so an out-of-state filer can proceed largely through NYSCEF. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, it proceeds through a full proceeding rather than voluntary administration: with no will, the parent files the Petition for Letters of Administration (Form A-1), is appointed administrator, and receives Letters of Administration; with a will, the parent probates it under Form P-1. Once the letters issue, the fiduciary can sell the home and distribute the proceeds. Any hearing is held at the Albany County Courthouse. | Asset discovery for the child's accounts and property. Packet generation for the administration or probate filing. Attorney referral, and help if the sale or an heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Albany County Surrogate's Court, (518) 285-8585 (nycourts.gov/courts/3rd-judicial-district/albany-county-surrogates-court) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact |
| Albany County Law Library (nycourts.gov/courts/3rd-judicial-district/albany-county-law-library) | A public law library at the Albany County Courthouse with New York statutes, forms, and legal research help |
| NY CourtHelp, When Someone Dies and probate (nycourts.gov/courthelp/WhenSomeoneDies/probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates, with step-by-step guidance |
| NY CourtHelp DIY forms, Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| NYSCEF e-filing and case search (iapps.courts.state.ny.us/nyscef) | Registration and help for e-filing in Albany County Surrogate's Court, plus a case search for e-filed cases |
| Legal Aid Society of Northeastern New York (lasnny.org) | Free civil legal help for income-eligible residents; its Albany office serves Albany County and the Capital Region |
| LawHelpNY (lawhelpny.org) | Statewide self-help legal information and routing to legal aid and lawyer referral services |
| New York State Bar Association Lawyer Referral Service (nysba.org) | Referrals to New York probate attorneys statewide, including those serving Albany County and the Capital Region |
When to hire an attorney
Many Albany County estates are uncontested and can be handled without an attorney: a qualifying small estate moves by voluntary administration, and an ordinary probate or administration is often decided on the papers. Consider counsel when the estate holds real property that must be sold, when a will contest or a dispute among distributees is likely, when the distributees are unknown or hard to identify and a kinship question arises, when the estate is insolvent or creditors are pressing, or when the estate includes a business interest or out-of-state property. An attorney can also manage NYSCEF e-filing, which is mandatory for attorneys in this county, and any contested hearing at the Albany County Courthouse. Sunset can connect families to a vetted New York probate attorney serving Albany County and the Capital Region.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Albany County real estate, and unclaimed property, so you know the estate's value and which New York estate settlement path fits before you file.
Generate the probate packet. Sunset assembles the petition for your path (probate, administration, or voluntary administration) and the supporting paperwork, ready to file with the Albany County Surrogate's Court through NYSCEF, at the clerk's office in Room 123, or by mail.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted New York probate attorney serving Albany County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Albany County?
With the Albany County Surrogate's Court, at the office of the Chief Clerk in the Albany County Courthouse, 16 Eagle Street, Room 123, Albany, NY 12207. Mail is addressed to 16 Eagle Street, but the only public entrance is on Lodge Street, on the opposite side of the building. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Albany County?
Yes for attorneys. Albany County Surrogate's Court is a mandatory NYSCEF e-filing court for all new proceedings filed on or after October 19, 2016, other than guardianships, adoptions, and select lifetime-trust filings. An attorney must e-file unless exempt under the court's e-filing protocol. A self-represented filer is exempt from mandatory e-filing and may file on paper at the clerk's office or by mail, but may also choose to e-file through NYSCEF.
How much does it cost to file probate in Albany County?
The filing fee is set statewide by SCPA 2402 on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, and it is $1 for a small estate handled by voluntary administration (verified July 2026). The schedule is uniform statewide, so there is no Albany County add-on. The court accepts payment by credit card through NYSCEF or payment at the court.
Who hears probate cases in Albany County?
The Surrogate, the judge of the Albany County Surrogate's Court, decides probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office. The Surrogate is elected and can change over time, so this page refers to the court and the Surrogate generically rather than to the sitting judge.
How do I look up an Albany County probate case online?
Use WebSurrogate, the statewide Surrogate's Court case search, though its coverage varies by county, and the NYSCEF case search for cases that were e-filed. To confirm a specific filing you can also call the Surrogate's Court clerk's office at (518) 285-8585.
What forms do I need for probate in Albany County?
The statewide official Surrogate's Court forms, the same ones used in every county. The core forms are the Petition for Probate (Form P-1) when there is a will, the Petition for Letters of Administration (Form A-1) when there is not, and the Affidavit of Voluntary Administration for a qualifying small estate. There is no separate Albany County form set.
Do I have to travel to Albany to settle an estate in Albany County?
Often no. Because the county's Surrogate's Court uses NYSCEF, most filings and correspondence can be handled electronically, and papers can also be mailed to the clerk's office. If a hearing is scheduled it is held at the Albany County Courthouse; ask the clerk's office at (518) 285-8585 whether it can be held virtually.
How do I get into the Albany County Courthouse?
Although the courthouse mailing address is 16 Eagle Street, the only public entrance is on Lodge Street, on the opposite side of the building, so plan your arrival and parking accordingly. The Surrogate's Court clerk's office is in Room 123, open Monday to Friday from 9:00 AM to 5:00 PM, except state holidays.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.