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Madison County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Madison 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 (Melissa Lopez) |
| Courthouse | Madison County Courthouse, 138 North Court Street, Wampsville, NY 13163 (petitions are filed and court sessions are held here) |
| Mailing address | P.O. Box 607, Wampsville, NY 13163 |
| Phone | (315) 231-5321 (Surrogate's Court) |
| Fax | (646) 963-6594 |
| [email protected] (procedural questions) | |
| Office hours | Monday to Friday, 8:30 AM to 4:30 PM, closed on 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 (SCPA 1304). The schedule is uniform in every county; there is no Madison 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 attorneys in new probate and administration proceedings and related miscellaneous proceedings commenced on or after December 22, 2021 (AO/372/21); an attorney may opt out only by certifying in good faith a lack of the required equipment or technical knowledge. Self-represented filers are exempt from the mandate and may e-file, file on paper at the courthouse, or file by mail. The court's protocol also accepts e-filing in guardianship and small-estate (voluntary administration) proceedings; lifetime trust matters are exempt |
| 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 Madison County; ask the Surrogate's Court at (315) 231-5321 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/madison-county-surrogates-court-m-b |
Before you begin — know the assets and liabilities
Before you file anything in Madison 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. 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. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Madison County Surrogate's Court serves all of Madison County, the central New York county whose communities include the county seat of Wampsville, the city of Oneida, and the villages and towns of Canastota, Chittenango, Cazenovia, Hamilton, Morrisville, Munnsville, and Earlville. There is one Surrogate's Court for the county, and it sits at the Madison County Courthouse in Wampsville, where petitions are filed and court sessions are held. Every Madison County estate is handled by this one court.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Madison County, file with the Madison 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 Madison 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. In Madison County, an attorney must e-file a new probate or administration proceeding (and related miscellaneous proceedings) through NYSCEF; the mandate has applied to proceedings commenced on or after December 22, 2021 (AO/372/21), and an attorney may opt out only by certifying a lack of the required equipment or technical knowledge. A self-represented filer is exempt from the mandate and may e-file through NYSCEF, file on paper at the courthouse at 138 North Court Street, Wampsville, or file by mail to P.O. Box 607, Wampsville, NY 13163. Guardianship and small-estate proceedings can also be e-filed; lifetime trust matters are exempt. When you file electronically, select Madison 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 under SCPA 1304 (verified July 2026). NYSCEF credit-card payments add a 2.99% administrative charge; 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 Madison County Courthouse in Wampsville; ask the Surrogate's Court at (315) 231-5321 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 Madison County
New York has one statewide set of official Surrogate's Court forms, and Madison County uses the same forms as every other county; there is no separate Madison 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 Madison County these forms are filed through NYSCEF, which has been mandatory for attorneys in new probate and administration proceedings here since December 22, 2021. A self-represented filer is exempt from the mandate and may e-file, file on paper at the courthouse in Wampsville, or file by mail to P.O. Box 607, Wampsville, NY 13163. 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 Surrogate's Court needs, call (315) 231-5321 or email [email protected].
| 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 Madison County Surrogate's Court petitions; mandatory for attorneys in new probate and administration proceedings, optional for self-represented filers |
| Madison 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 Madison County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Madison 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 (SCPA 1304). Because Madison County Surrogate's Court uses NYSCEF e-filing (mandatory for attorneys, optional for self-represented filers), an out-of-state child can e-file and correspond electronically and, in most matters, avoid traveling to central New York; a self-represented filer can also mail papers to the courthouse in Wampsville. | 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 Wampsville 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 |
|---|---|
| Madison County Surrogate's Court, (315) 231-5321 (nycourts.gov/courts/madison-county-surrogates-court-m-b) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Wampsville |
| 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 Madison County Surrogate's Court, which is mandatory for attorneys in probate and administration matters, plus a case search for e-filed cases |
| Legal Aid Society of Mid-New York (lasmny.org) | Free civil legal help for income-eligible residents; its service area covers Madison County, with a HelpLine at 1-877-777-6152 |
| 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 central New York |
When to hire an attorney
Many Madison 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 handles the NYSCEF e-filing that is mandatory for counsel here and any contested hearing at the Wampsville courthouse. Sunset can connect families to a vetted New York probate attorney serving Madison County and the central New York 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, Madison County real estate, and unclaimed property, so you know the estate's value and which New York path fits for estate settlement 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 Madison County Surrogate's Court through NYSCEF, on paper at the courthouse in Wampsville, 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 Madison 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 Madison County?
With the Madison County Surrogate's Court at the Madison County Courthouse, 138 North Court Street, Wampsville, NY 13163; mail goes to P.O. Box 607, Wampsville, NY 13163. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Madison County?
Yes for attorneys. Madison County Surrogate's Court is a mandatory NYSCEF e-filing court for new probate and administration proceedings and related miscellaneous proceedings commenced on or after December 22, 2021 (AO/372/21); an attorney may opt out only by certifying in good faith a lack of the required equipment or technical knowledge. A self-represented filer is exempt from the mandate and may e-file, file on paper at the courthouse, or file by mail. Guardianship and small-estate proceedings can also be e-filed; lifetime trust matters are exempt.
Do I have to travel to Wampsville to settle an estate in Madison County?
Often no. Because the Surrogate's Court uses NYSCEF e-filing, most filings and correspondence can be handled electronically, and a self-represented filer can also mail papers to P.O. Box 607, Wampsville, NY 13163. If a hearing is scheduled it is held at the Madison County Courthouse in Wampsville; ask the Surrogate's Court at (315) 231-5321 whether it can be held virtually.
Who hears probate cases in Madison County?
The Surrogate, sitting in the Madison County Surrogate's Court, decides probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office in Wampsville. The Surrogate is elected and the office can change over time, so this page refers to the court and the Surrogate rather than to a named judge.
How do I look up a Madison 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 at (315) 231-5321.
What forms do I need for probate in Madison 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 Madison County form set.
How much does it cost to file probate in Madison 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 Madison County add-on; NYSCEF credit-card payments add a 2.99% administrative charge.
What is the mailing address for the Madison County Surrogate's Court?
P.O. Box 607, Wampsville, NY 13163. The courthouse itself is at 138 North Court Street in Wampsville, where petitions are filed and court sessions are held. You can reach the Surrogate's Court at (315) 231-5321 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.