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Fulton County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Fulton 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 (Donna Austin) |
| Courthouse and mailing address | Fulton County Courthouse, 223 West Main Street, Johnstown, NY 12095; filings and mail go to the courthouse |
| Phone | (518) 706-3280 (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 Fulton 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 proceedings commenced on or after October 17, 2018, except guardianship and adoption proceedings, which are excluded from e-filing. Attorneys must e-file unless they file a good-faith opt-out; self-represented filers are exempt and may e-file, file on paper at the courthouse, 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 Fulton County; ask the Surrogate's Court clerk's office at (518) 706-3280 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/4th-judicial-district/fulton-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Fulton 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 Fulton County it is common for a decedent to have owned a camp, a seasonal home, or lakefront property near the Great Sacandaga Lake, 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 Fulton County Surrogate's Court serves all of Fulton County, including the cities of Johnstown, the county seat, and Gloversville, and the towns of Broadalbin, Caroga, Bleecker, Ephratah, Mayfield, Northampton, Oppenheim, Perth, and Stratford, along with the village of Northville. There is one Surrogate's Court for the county, and it sits at the Fulton County Courthouse at 223 West Main Street in Johnstown, where petitions are filed and records are kept.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Fulton County, file with the Fulton 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 Fulton 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. Fulton County Surrogate's Court is a mandatory NYSCEF e-filing court for proceedings commenced on or after October 17, 2018 (guardianship and adoption proceedings are excluded from e-filing). An attorney must e-file through NYSCEF unless they file a good-faith opt-out; a self-represented filer is exempt and may e-file, file on paper at the Fulton County Courthouse, or file by mail to 223 West Main Street, Johnstown, NY 12095. When you file electronically, select Fulton 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). Fees can be paid at the courthouse or by credit card through NYSCEF; the court's e-filing protocol states that paying by credit card carries no administrative fee, and 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. 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 Fulton County Courthouse in Johnstown; ask the clerk's office at (518) 706-3280 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 Fulton County
New York has one statewide set of official Surrogate's Court forms, and Fulton County uses the same forms as every other county; there is no separate Fulton 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 Fulton County these forms are filed through NYSCEF (mandatory for attorneys, optional for self-represented filers), or on paper at the Fulton County Courthouse in Johnstown or by mail to 223 West Main Street, Johnstown, NY 12095. 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) 706-3280.
| 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 Fulton County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Fulton 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 Fulton County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Fulton 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 Fulton 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 upstate New York; papers can also be mailed to the courthouse in Johnstown. | 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 Johnstown 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 |
|---|---|
| Fulton County Surrogate's Court, (518) 706-3280 (nycourts.gov/courts/4th-judicial-district/fulton-surrogates-court) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Johnstown |
| 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 Fulton 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 service area covers Fulton County, with an office at 40 North Main Street in Gloversville |
| 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 Fulton County and the Mohawk Valley |
When to hire an attorney
Many Fulton 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 Johnstown courthouse. Sunset can connect families to a vetted New York probate attorney serving Fulton County and the Mohawk Valley 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, Fulton 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 Fulton County Surrogate's Court through NYSCEF, at the courthouse in Johnstown, 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 Fulton 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 Fulton County?
With the Fulton County Surrogate's Court at the Fulton County Courthouse, 223 West Main Street, Johnstown, NY 12095, where filings and mail are directed. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Fulton County?
Yes for attorneys. Fulton County Surrogate's Court is a mandatory NYSCEF e-filing court for proceedings commenced on or after October 17, 2018 (guardianship and adoption proceedings are excluded from e-filing). A self-represented filer is exempt from mandatory e-filing and may file on paper at the courthouse in Johnstown or by mail, but may also choose to e-file through NYSCEF.
Do I have to travel to Johnstown to settle an estate in Fulton 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 Fulton County Courthouse, 223 West Main Street, Johnstown, NY 12095. If a hearing is scheduled it is held at that courthouse; ask the clerk's office at (518) 706-3280 whether it can be held virtually.
Who hears probate cases in Fulton County?
The Surrogate hears probate and administration matters for the county, and the Chief Clerk of the Surrogate's Court runs the filing office at the Fulton County Courthouse in Johnstown. The Surrogate is elected and the assignment can change over time, so this page refers to the court and the Surrogate rather than a named judge.
How do I look up a Fulton 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) 706-3280.
What forms do I need for probate in Fulton 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 Fulton County form set.
How much does it cost to file probate in Fulton 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 Fulton County add-on; the court's e-filing protocol states that paying by credit card through NYSCEF carries no administrative fee.
What is the mailing address for the Fulton County Surrogate's Court?
Fulton County Courthouse, 223 West Main Street, Johnstown, NY 12095. That is where the Surrogate's Court sits and where all filings and mail should be sent. The clerk's office can be reached at (518) 706-3280 or [email protected].
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.