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Franklin County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Franklin 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 (Carrie Lane) |
| Courthouse | Franklin County Courthouse, 355 West Main Street, Malone, NY 12953; petitions are filed and mail is directed here |
| Phone | (518) 353-7350 (Surrogate's Court clerk's office) |
| [email protected] | |
| Office hours | Monday to Friday, 9:00 AM to 5:00 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. The schedule is uniform in every county; there is no Franklin 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 Franklin County Surrogate's Court, effective August 16, 2017, for proceedings commenced on or after that date; the county protocol exempts only guardianship and adoption proceedings. Attorneys must e-file; self-represented filers are exempt from the mandate and may e-file, file on paper at the clerk's office, or file by mail (county e-filing protocol, verified July 2026) |
| 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 Franklin County; ask the Surrogate's Court clerk's office at (518) 353-7350 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/4th-judicial-district/franklin-county-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Franklin 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 North Country county like Franklin it is common for a decedent to have owned a camp, a seasonal home, timberland, or vacant Adirondack acreage, 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 Franklin County Surrogate's Court serves all of Franklin County, the North Country county whose communities include Malone, the county seat, along with Saranac Lake, Tupper Lake, Chateaugay, Fort Covington, Brushton, Bombay, Burke, Constable, and the Adirondack towns of Harrietstown, Duane, and Santa Clara. There is one Surrogate's Court for the county, sitting at the Franklin County Courthouse in Malone, so every Franklin County estate is handled by the same court.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Franklin County, file with the Franklin 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 Franklin 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 the Surrogate's Court Procedure Act (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. Franklin County Surrogate's Court has been a mandatory NYSCEF e-filing court since August 16, 2017; under the county's e-filing protocol every type of proceeding commenced on or after that date is e-filed, with only guardianship and adoption proceedings exempted. An attorney must e-file through NYSCEF; a self-represented filer is exempt from the mandate and may e-file, file on paper at the clerk's office at the Franklin County Courthouse, 355 West Main Street, Malone, or file by mail to the same address. Take care to select Franklin County as the venue when you file electronically; the protocol warns that an error in the initial case entry can significantly delay the proceeding.
- 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 (SCPA 1304, verified July 2026). In an e-filed case the fee can be paid at the court, by mail, or by credit card through NYSCEF; the county's e-filing protocol states there is no added administrative fee for paying by card.
- 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. In an e-filed case the court completes the citation and posts it 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 Franklin County Courthouse in Malone; ask the clerk's office at (518) 353-7350 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 Franklin County
New York has one statewide set of official Surrogate's Court forms, and Franklin County uses the same forms as every other county; there is no separate Franklin 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 Franklin County these forms are filed through NYSCEF (mandatory for attorneys, optional for self-represented filers), or on paper at the clerk's office at the Franklin County Courthouse in Malone or by mail to 355 West Main Street, Malone, NY 12953. 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) 353-7350.
| 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 Franklin County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Franklin 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 Franklin County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Franklin 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 Franklin 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 the North Country; papers can also be mailed to the clerk's office in Malone. | 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 Franklin County Courthouse in Malone. | 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 |
|---|---|
| Franklin County Surrogate's Court, (518) 353-7350 (nycourts.gov/courts/4th-judicial-district/franklin-county-surrogates-court) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Malone |
| 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 Franklin 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 offices serve Franklin County and the North Country |
| 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 North Country and Adirondack region |
When to hire an attorney
Many Franklin 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, timberland, 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 Malone courthouse. Sunset can connect families to a vetted New York probate attorney serving Franklin County and the North Country.
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, Franklin County real estate, and unclaimed property, so you know the estate's value and which New York 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 Franklin County Surrogate's Court through NYSCEF, at the clerk's office in Malone, or by mail.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel during estate settlement, Sunset connects families to a vetted New York probate attorney serving Franklin 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 Franklin County?
With the Franklin County Surrogate's Court at the Franklin County Courthouse, 355 West Main Street, Malone, NY 12953, which is also where mail should be sent. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Franklin County?
Yes for attorneys. Franklin County Surrogate's Court has been a mandatory NYSCEF e-filing court since August 16, 2017, and the county protocol covers every type of proceeding commenced on or after that date except guardianship and adoption matters. A self-represented filer is exempt from the mandate and may choose to e-file through NYSCEF, or can instead file on paper at the clerk's office in Malone or by mail. An attorney who certifies a lack of the needed equipment or knowledge may ask the court to opt out under the protocol.
Do I have to travel to Malone to settle an estate in Franklin County?
Often no. Because the county's Surrogate's Court uses NYSCEF, most filings and correspondence can be handled electronically, and papers can be mailed to the clerk's office at 355 West Main Street, Malone, NY 12953. If a hearing is scheduled it is held at the Franklin County Courthouse in Malone; ask the clerk's office at (518) 353-7350 whether it can be held virtually.
Who hears probate cases in Franklin County?
The Surrogate, the judge of the Franklin County Surrogate's Court, decides probate and administration matters. The Surrogate is elected and the assignment can change over time, so this page refers to the court rather than a named judge. The Chief Clerk of the Surrogate's Court runs the filing office at the courthouse in Malone.
How do I look up a Franklin 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) 353-7350.
What forms do I need for probate in Franklin 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 Franklin County form set.
How much does it cost to file probate in Franklin 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 (SCPA 1304, verified July 2026). The schedule is uniform statewide, so there is no Franklin County add-on; in an e-filed case the fee can be paid at the court or by credit card through NYSCEF.
What is the mailing address for the Franklin County Surrogate's Court?
The Franklin County Courthouse, 355 West Main Street, Malone, NY 12953. That is where the Surrogate's Court clerk's office is and where filings and mail should be sent.
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.