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Allegany County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Allegany 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 | Chief Clerk of the Surrogate's Court (Dorine Jacobs) |
| Courthouse and mailing address | Allegany County Courthouse, 7 Court Street, Belmont, NY 14813 |
| Phone | (585) 449-3464 (Surrogate's Court clerk's office) |
| Fax | (585) 449-3471 |
| Office hours | Monday to Friday, 8:30 AM to 4:30 PM |
| 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 (SCPA 1304). The schedule is uniform in every county; there is no Allegany 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 probate and administration proceedings (and related miscellaneous proceedings) commenced on or after May 23, 2018: attorneys must e-file. Self-represented filers are exempt and may e-file, file on paper at the clerk's office, or file by mail. Confirm the current case types on the New York courts e-filing page before filing |
| 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 Allegany County; ask the Surrogate's Court clerk's office at (585) 449-3464 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/8th-judicial-district/allegany-county-surrogates-court-m-b |
Before you begin — know the assets and liabilities
Before you file anything in Allegany 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 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. In a rural county like Allegany it is common for a decedent to have owned a farm, a woodlot, or vacant land, and how that 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. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Allegany County Surrogate's Court serves all of Allegany County, in New York's Southern Tier, whose communities include Belmont, the county seat, along with Wellsville, Alfred, Cuba, Angelica, Andover, Bolivar, Friendship, Fillmore, Belfast, Almond, and Canaseraga. There is one Surrogate's Court for the county, sitting at the Allegany County Courthouse in Belmont, and the county is part of New York's Eighth Judicial District. The Judicial District is an administrative grouping only; probate is still filed in the county's own Surrogate's Court, not in the district.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Allegany County, file with the Allegany 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 Allegany 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. Allegany County Surrogate's Court is a mandatory NYSCEF e-filing court for probate and administration proceedings (and related miscellaneous proceedings) commenced on or after May 23, 2018, so an attorney must file electronically through NYSCEF. A self-represented filer is exempt from mandatory e-filing and may e-file, file on paper at the clerk's office at the Allegany County Courthouse, 7 Court Street, Belmont, or file by mail to the same address. When you file electronically, select Allegany County as the venue, and confirm the current case types on the New York courts e-filing page.
- 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 under SCPA 1304 (verified July 2026). NYSCEF credit-card payments add a service fee; the statutory fee itself does not change.
- 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, which is then served 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 Allegany County Courthouse in Belmont; ask the clerk's office at (585) 449-3464 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 Allegany County
New York has one statewide set of official Surrogate's Court forms, and Allegany County uses the same forms as every other county; there is no separate Allegany 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 Allegany County a probate or administration petition is e-filed through NYSCEF (mandatory for attorneys); a self-represented filer may e-file, file in person at the clerk's office at the Allegany County Courthouse in Belmont, or file by mail to the same address. 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 (585) 449-3464.
| 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 Allegany County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Allegany County Surrogate's Court | Local intake questions, hours, the clerk's office contact, and the county's e-filing status |
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Allegany County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Allegany County home was owned jointly with right of survivorship, 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 Allegany County Surrogate's Court accepts filings by mail and uses NYSCEF e-filing, an out-of-state child can often handle the matter without traveling to Belmont; papers can be mailed to the courthouse, and the clerk's office can confirm whether the affidavit can be e-filed. | 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 by mail or 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 Belmont 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 |
|---|---|
| Allegany County Surrogate's Court, (585) 449-3464 (nycourts.gov, 8th Judicial District) | The filing office for probate; local intake questions, hours, the e-filing status, and the clerk's office contact in Belmont |
| 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 Allegany County Surrogate's Court, plus a case search for e-filed cases |
| Legal Assistance of Western New York, LawNY (lawny.org) | Free civil legal help for income-eligible residents; its Bath office serves Allegany County |
| 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 the Southern Tier and western New York |
When to hire an attorney
Many Allegany 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 farm, a business interest, or out-of-state property. An attorney can also manage NYSCEF e-filing, which is mandatory for attorneys in this county's probate and administration proceedings, and any contested hearing at the Belmont courthouse. Sunset can connect families to a vetted New York probate attorney serving Allegany County and the Southern Tier.
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, Allegany County real estate, and unclaimed property, so you know the estate's value and which New York path fits before you file during estate settlement.
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 Allegany County Surrogate's Court in person, by mail, or through NYSCEF.
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 Allegany 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 Allegany County?
With the Allegany County Surrogate's Court at the Allegany County Courthouse, 7 Court Street, Belmont, NY 14813. New York has no separate probate court; the Surrogate's Court, one per county, handles estates, and filings go to the Chief Clerk of the Surrogate's Court.
Is e-filing required for probate in Allegany County?
Yes for attorneys. Allegany County Surrogate's Court is a mandatory NYSCEF e-filing court for probate and administration proceedings, and related miscellaneous proceedings, commenced on or after May 23, 2018. A self-represented filer is exempt from mandatory e-filing and may file on paper at the clerk's office in Belmont or by mail, but may also choose to e-file through NYSCEF. Confirm the current case types on the New York courts e-filing page before you file.
Do I have to travel to Belmont to settle an estate in Allegany County?
Often no. The Surrogate's Court accepts filings by mail, and probate and administration cases run through NYSCEF e-filing, so most filings and correspondence can be handled without an in-person trip. If a hearing is scheduled it is held at the Belmont courthouse; ask the clerk's office at (585) 449-3464 whether it can be held virtually.
Who hears probate cases in Allegany County?
The Allegany County Surrogate's Court. The Surrogate decides probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office at the courthouse in Belmont. The Surrogate is elected and can change over time, so this page refers to the court and the Surrogate rather than naming the sitting judge.
How do I look up an Allegany 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 (585) 449-3464.
What forms do I need for probate in Allegany 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 Allegany County form set.
How much does it cost to file probate in Allegany 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 under SCPA 1304 (verified July 2026). The schedule is uniform statewide, so there is no Allegany County add-on; NYSCEF credit-card payments add a service fee.
What is the phone number for the Allegany County Surrogate's Court?
The Surrogate's Court clerk's office in Belmont can be reached at (585) 449-3464, with a fax at (585) 449-3471. The office is open Monday to Friday, 8:30 AM to 4:30 PM.
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.