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Erie County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Erie County Surrogate's Court, serving Erie County and the city of Buffalo in Western New York |
| Courthouse | Erie County Hall, 92 Franklin Street, 2nd Floor, Buffalo, NY 14202 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, Room 210 on the 2nd floor of Erie County Hall; most filings are made electronically through NYSCEF rather than at a counter |
| Phone | Main court line (716) 845-2560; Chief Clerk's office (716) 845-2568; court Help Center (716) 845-7280; procedural questions by e-mail to [email protected] |
| Fax | (716) 845-7565 |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; closed weekends and court holidays |
| Filing fee | Set by statute 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; $1 for a small estate handled by voluntary administration (SCPA Article 13, the $1 fee set by SCPA 1304). Uniform in every county (SCPA 2402, uniform statewide, verified July 2026) |
| Local forms | New York uses one statewide set of official Surrogate's Court forms in every county, including Form P-1 (Petition for Probate) and Form A-1 (Petition for Letters of Administration); the small estate document is the Affidavit of Voluntary Administration. Erie County publishes a local forms page and requires a Request for Surrogate's Court Action as the first document in each e-filing, but the petitions themselves are the statewide forms |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory in Erie County: attorneys must e-file every estate proceeding commenced on or after May 28, 2020. An unrepresented (self-represented) filer is exempt from mandatory e-filing but may choose to e-file, or may file on paper (CPLR 2111) |
| Case search | WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov (coverage varies by county); e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch |
| Appearances | Remote appearances use Microsoft Teams, the New York courts' standard platform for virtual appearances, and the court publishes Teams instructions; confirm the format and date for any appearance with the assigned Surrogate's part |
| Website | https://www.nycourts.gov/courts/8th-judicial-district/erie-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Erie County misstep is filing before you know what the estate holds and which proceeding fits. New York has three ordinary paths: a probate proceeding when there is a will (Surrogate's Court Procedure Act, SCPA, Article 14), an administration proceeding when there is no will (SCPA Article 10), and voluntary administration for a qualifying small estate (SCPA Article 13, SCPA 1301). Which one applies turns on whether there is a will and on the value and type of the assets; the statewide thresholds are covered on the New York state page. A Buffalo-area home held jointly, or a beneficiary-designated account, often passes outside the estate, so the estate that actually goes through the Surrogate's Court can be smaller than the family expects.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, and parcel of Erie County real estate, along with every debt, and identify each distributee (the decedent's heirs at law) by name. Because Erie County requires you to search the court's records before opening a matter, you also want the decedent's exact name as it appears on the will. Only then can you pick the right proceeding, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Erie County Surrogate's Court serves all of Erie County, including the city of Buffalo and the surrounding towns and villages of Western New York. Every Erie County probate and administration is filed here, with the office of the Chief Clerk of the Surrogate's Court in Erie County Hall, 92 Franklin Street. Under New York's venue rule, the proper county is the one where the decedent was domiciled at death (SCPA 205); for a decedent who was not a New York domiciliary but left property in the state, venue lies in the county where the property is located (SCPA 206), which is the basis for an ancillary proceeding. So the estate of an Erie County resident, or one holding Erie County real property, is filed at this courthouse.
Erie County is one of the busiest Surrogate's Court dockets in the state outside New York City. The court has one Surrogate, runs its estate docket through mandatory NYSCEF e-filing for attorneys, strongly encourages mediation of contested matters through a presumptive alternative dispute resolution program, and publishes its own e-filing protocol, local forms, and self-represented guidance on its nycourts.gov page.
The jurisdiction process
- Confirm venue. The Erie County Surrogate's Court is the right court when the decedent was domiciled in Erie County at death (SCPA 205). It also has venue when a non-domiciliary left property in Erie County (SCPA 206); a will already admitted in another state is handled here by an ancillary proceeding.
- Choose the proceeding and the form. With a will, the named executor files Form P-1, the petition for probate, and the court issues Letters Testamentary (SCPA Article 14). With no will, a distributee files Form A-1, the petition for letters of administration, and the court issues Letters of Administration to the administrator; priority to serve is set by SCPA 1001 (SCPA Article 10). A qualifying small estate uses the Affidavit of Voluntary Administration (SCPA Article 13, SCPA 1301). The statewide thresholds are on the New York state page.
- Search the court's records first, then gather what the court needs. Erie County asks you to run an inquiry on the decedent's last name with the first initial before opening a matter, because the court's numbering system makes a search by file number alone unreliable, and to contact the court about any will the decedent filed for safekeeping. Then assemble the original will (if any), a death certificate, a list of the estate's assets and debts, and the names and addresses of the distributees.
- File through NYSCEF. E-filing is mandatory for attorneys in Erie County; a self-represented filer may e-file or file on paper. The Request for Surrogate's Court Action is the first document uploaded, filed as a stand-alone document. E-filing the original or an attorney-certified copy of the death certificate is sufficient, and the court asks you not to mail extra copies. The original paper will is different: scan it (you may unstaple it) and then file the original paper will with the court within two business days.
- Pay the filing fee. The fee is set by statute on a sliding scale keyed to the estate's value, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more; a small estate handled by voluntary administration is $1 (SCPA 1304). Pay by credit card through NYSCEF or at the court. A filing paid at the court is not treated as filed until payment is received in full.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF; the court completes the citation and posts it back, and you then print and serve it in accordance with the SCPA, with the required notice of electronic filing.
- Attend if an appearance is set. An uncontested probate or administration is often decided on the papers. A remote appearance is held by video through Microsoft Teams, and a contested matter, such as an objection to probate (SCPA 1410), is heard by the Surrogate; the court strongly encourages alternative dispute resolution, and a pending contested estate can be considered for referral to a settlement conference or to mediation with the court's roster of neutrals. Confirm the format and date with the assigned part.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate) in hard copy, returned to the filer by prepaid self-addressed envelope, mail, or messenger. A certified copy of the letters is the proof banks and transfer agents rely on.
- Administer and close. Collect the assets, address creditor claims (a fiduciary who distributes more than seven months after letters were issued is protected against claims that were not presented within that seven-month window (SCPA 1802)), account to the interested parties, and distribute. An accounting proceeding is e-filed like the rest of the case.
Forms and documents
Probate forms in Erie County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Erie County as in every other county's Surrogate's Court; there is no separate Erie County petition. The load-bearing filings are Form P-1, the Petition for Probate, used when there is a will, and Form A-1, the Petition for Letters of Administration, used when there is no will. A qualifying small estate is filed on the Affidavit of Voluntary Administration, also called the small estate affidavit. Common companions include the notice of probate, waivers and consents, and the affidavits of attesting witnesses.
Erie County adds one local requirement on top of the statewide forms: the Request for Surrogate's Court Action, from the NYSCEF forms page, must be the first document uploaded with each filing, submitted on its own and not scanned together with anything else, with a fresh form for each later filing. The official statewide forms are published on the Surrogate's Court forms hub at nycourts.gov/surrogates-court-forms, and Erie County posts its local forms on its own page. Self-represented filers can also use the New York CourtHelp Do-It-Yourself (DIY) Form programs; the Small Estate DIY program builds a completed Affidavit of Voluntary Administration for a qualifying estate.
Because e-filing is mandatory for attorneys in Erie County, most of these forms are filed through NYSCEF rather than at a counter. The original will is not left to an upload alone: scan the will (you may unstaple it) and then file the original paper will with the court within two business days of e-filing.
Local nuance
Erie County-specific considerations
E-filing is mandatory here. NYSCEF e-filing is mandatory in the Erie County Surrogate's Court for every estate proceeding commenced on or after May 28, 2020. All attorneys must e-file. An unrepresented, self-represented filer is exempt and may file on paper, but may also choose to e-file (CPLR 2111). This is different from consensual counties, where a filer opts in; in Erie County e-filing is the default path for a represented estate.
The Request for Surrogate's Court Action leads every filing. Erie County requires a Request for Surrogate's Court Action, from the NYSCEF forms page, as the first document uploaded with each filing, filed as a stand-alone document with nothing else scanned into it. A new Request is prepared for each later filing, and the non-proceeding-relief page of the form is used to ask for certified documents or certificates. A document filed in hard copy in an e-filed case must carry a Notice of Hard Copy Submission.
Original wills travel on paper; death certificates do not. Even in this e-filing court, the original paper will must be filed with the court within two business days after the proceeding is e-filed; the filer scans the will and may unstaple it to do so. The death certificate is treated differently: e-filing the original or an attorney-certified copy is sufficient, and the court asks filers not to mail additional copies. Court-issued letters and certificates are returned in hard copy by prepaid self-addressed envelope, mail, or messenger.
Search the records before you open a matter. Before entering any information for a new filing, the court asks you to run an inquiry on the decedent's last name using the first initial to see whether a file is already open, because the court's numbering system makes a search by file number alone unreliable, and to contact the court about any will the decedent filed for safekeeping. Getting the case name exactly right, matching the signature on the will, avoids delay.
Contested estates are steered toward mediation. The Erie County Surrogate's Court runs a presumptive alternative dispute resolution program and strongly encourages ADR in estate disputes, through settlement conferences with the Surrogate and court staff, court-annexed mediation with the court's published roster of neutrals, or the local Community Dispute Resolution Center. A party with a matter pending in the court can ask for it to be considered for referral to ADR, and mediation can resolve a dispute with significant savings of time and money compared with litigating before the Surrogate.
Remote appearances use Microsoft Teams. The New York courts use Microsoft Teams as the standard platform for virtual court appearances, and the Erie County Surrogate's Court publishes Teams instructions for participants on its page. An uncontested probate or administration is frequently decided on the papers without any appearance. Confirm whether your matter needs an appearance, and in what format, with the assigned part.
Recent updates
| Change | What happened |
|---|---|
| Mandatory e-filing | E-filing through NYSCEF became mandatory for attorneys in all Erie County Surrogate's Court estate proceedings commenced on or after May 28, 2020 (Erie County Surrogate's Court e-filing protocol). Self-represented filers are exempt but may opt in. |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Erie County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Buffalo-area home held by the spouses jointly with right of survivorship, or as tenants by the entirety, generally passes to the surviving spouse outside the estate; the survivor records or presents the death certificate to transfer title. Accounts and property in the decedent's sole name may still need a probate proceeding (Form P-1) if there is a will, or an administration proceeding (Form A-1) if there is not, e-filed through NYSCEF at the Erie County Surrogate's Court. | Asset discovery to separate what passed outside the estate from what did not. Packet generation for the P-1 or A-1 petition and the notice and consent forms, formatted for NYSCEF. A vetted Erie County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Erie County and left a qualifying small estate of limited personal property, the child can use voluntary administration (SCPA Article 13, SCPA 1301) on the Affidavit of Voluntary Administration for a $1 filing fee (SCPA 1304), and the CourtHelp DIY Small Estate program builds the form. As a self-represented filer the child is exempt from mandatory e-filing but may choose to e-file through NYSCEF and file from out of state without traveling to Buffalo, or file on paper. A larger estate is an administration proceeding (Form A-1). | Asset discovery to confirm the estate fits the small estate path and holds no solely owned real property. Packet generation for the Affidavit of Voluntary Administration or the A-1 petition, formatted for NYSCEF. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | An administration proceeding at the Erie County Surrogate's Court. Because there is no will, the parent petitions for letters of administration (Form A-1), with priority among distributees set by SCPA 1001, and the court issues Letters of Administration. The administrator then obtains the authority needed to sell the child's Erie County real property before the deed can transfer, and a contested step is heard by the Surrogate or can be sent to mediation through the court's alternative dispute resolution program. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Erie County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Erie County Surrogate's Court (nycourts.gov/courts/8th-judicial-district/erie-county-surrogates-court) | The court's own page: address, hours, contacts, the e-filing protocol and mandatory-e-filing notices, local forms, and self-represented guidance |
| Erie County Surrogate's Court help contacts: Help Center (716) 845-7280, main line (716) 845-2560, and [email protected] | Court assistance for people filing in Erie County; a self-represented filer can e-mail the help address to schedule a telephonic appointment and use the court's Representing Yourself guide |
| New York CourtHelp, When Someone Dies (nycourts.gov/courthelp/WhenSomeoneDies/overview.shtml and /probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates |
| New York CourtHelp DIY Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A free guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| Statewide Surrogate's Court forms (nycourts.gov/surrogates-court-forms) and the Erie County local forms page | The official statewide forms, including Form P-1 and Form A-1, plus Erie County's local forms and the Request for Surrogate's Court Action |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| Bar Association of Erie County Lawyer Referral Service (eriebar.org) | Referral to a local attorney for a probate or estate matter, including limited-scope help |
| Center for Elder Law and Justice (elderjusticeny.org) | Free limited-scope advice on Surrogate's Court matters at (716) 878-9296 or [email protected], and a free legal helpline at (844) 481-0973; income guidelines apply |
| Erie County Law Library, Buffalo (nycourts.gov, 8th Judicial District) | Public access to legal materials and self-help resources at the court in Buffalo |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Erie County estates are handled with the statewide forms, the court's Representing Yourself guidance, and the DIY Small Estate program. Counsel makes sense when the will is contested or an interested party files objections to probate (SCPA 1410); when the estate is large, taxable, or holds a business interest or out-of-state property; when Erie County real property must be sold; when the heirs are unknown or hard to prove and a kinship question arises; or when the fiduciary faces a dispute over accounting or removal. Because attorneys must e-file in Erie County and a contested matter may be routed to mediation, counsel who practices regularly before this court can also keep a case moving. Sunset can connect families to a vetted Erie County probate attorney when the situation calls for counsel.
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, Erie County real estate, business interests, and unclaimed property, so you know the estate's value and can pick the right New York proceeding for estate settlement before you file.
Generate the probate packet. Sunset assembles the Erie County filing: the petition for probate (Form P-1) or letters of administration (Form A-1), or the Affidavit of Voluntary Administration for a small estate, with the notice and consent forms and the Request for Surrogate's Court Action, formatted for NYSCEF e-filing.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Erie County probate attorney to file and appear.
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 probate in Erie County?
With the Erie County Surrogate's Court, at the office of the Chief Clerk in Room 210 on the 2nd floor of Erie County Hall, 92 Franklin Street, Buffalo, NY 14202. Most estates are filed electronically through NYSCEF rather than at a counter, and a self-represented filer can also send forms by U.S. mail. The main court line is (716) 845-2560, and procedural questions can go to [email protected].
Is e-filing required in the Erie County Surrogate's Court?
Yes, for attorneys. NYSCEF e-filing is mandatory in Erie County for every estate proceeding commenced on or after May 28, 2020, and all attorneys must e-file. A self-represented (unrepresented) filer is exempt from mandatory e-filing but may choose to e-file, or may file on paper (CPLR 2111).
How much does it cost to file probate in Erie County?
The filing fee is set by statute 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 the same in every county (SCPA 2402, verified July 2026). A small estate handled by voluntary administration is $1 (SCPA 1304). You can pay by credit card through NYSCEF or at the court.
Do I have to appear in person for an Erie County probate?
Often not. An uncontested probate or administration is frequently decided on the papers, and a remote appearance is held by video through Microsoft Teams, the New York courts' standard platform. A contested matter is heard by the Surrogate or can be sent to mediation through the court's alternative dispute resolution program. Confirm whether your matter needs an appearance, and in what format, with the assigned part.
How do I look up an Erie County probate case?
Use WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov, though coverage varies by county. E-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch. Before opening a new matter, the court also asks you to search the decedent's last name so you do not duplicate an open file.
What forms do I use for Erie County probate?
The official statewide Surrogate's Court forms, the same set used in every county. The core filings are Form P-1 (Petition for Probate) when there is a will and Form A-1 (Petition for Letters of Administration) when there is not, and the Affidavit of Voluntary Administration for a small estate. Erie County also requires a Request for Surrogate's Court Action as the first document in each e-filing. The statewide forms are at nycourts.gov/surrogates-court-forms, and the CourtHelp DIY Small Estate program builds the small estate affidavit.
How do I file the original will in Erie County?
Scan the will (you may unstaple it to do so) and e-file the proceeding, then file the original paper will with the court within two business days. Unlike the will, the death certificate does not have to be mailed in: e-filing the original or an attorney-certified copy is sufficient, and the court asks you not to send extra copies. Before opening the matter, search the decedent's last name in the court's records and check whether a will was filed for safekeeping.
Does the Erie County Surrogate's Court offer mediation?
Yes. The court runs a presumptive alternative dispute resolution program, strongly encourages mediation of estate disputes, and publishes a roster of neutral mediators. The options include settlement conferences with the Surrogate and court staff, court-annexed mediation with the roster of neutrals, and the local Community Dispute Resolution Center, and a party with a pending matter can ask the court to consider it for referral to ADR. Mediation can resolve a dispute with significant savings of time and money compared with litigating before the Surrogate.
Is there free help with probate in Erie County?
Yes. The court publishes a Representing Yourself guide, staffs a Help Center at (716) 845-7280, and schedules telephonic appointments for self-represented filers through [email protected], and the New York CourtHelp When Someone Dies pages and DIY Small Estate program are free online. The Bar Association of Erie County runs a Lawyer Referral and Information Service, and the Center for Elder Law and Justice offers free limited-scope advice on Surrogate's Court matters at (716) 878-9296, with income guidelines. These resources give procedural help and referrals, not a guarantee of representation.
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.