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Montgomery County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Montgomery 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 (Alison Thomas-Oravsky, Esq.) |
| Courthouse | Montgomery County Courthouse, 58 Broadway, Fonda, NY 12068 |
| Mailing address | Montgomery County Surrogate's Court, P.O. Box 1500, Fonda, NY 12068 |
| Phone | (518) 853-8108 (Surrogate's Court) |
| [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 Montgomery 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 all probate and administration proceedings (and related miscellaneous proceedings) commenced on or after August 16, 2017; guardianship and adoption proceedings are excluded. Attorneys must e-file unless they opt out for lack of equipment or knowledge; 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 Montgomery County; ask the Surrogate's Court at (518) 853-8108 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/4th-judicial-district/montgomery-county-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Montgomery 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 the Surrogate's Court Procedure Act (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 Montgomery County Surrogate's Court serves all of Montgomery County, in the Mohawk Valley. The county's communities include the city of Amsterdam, the villages of Canajoharie, Fort Plain, Fonda, Fultonville, Nelliston, and St. Johnsville, and the towns of Charleston, Florida, Glen, Minden, Mohawk, Palatine, and Root. There is one Surrogate's Court for the county, and it sits at the Montgomery County Courthouse in Fonda, the county seat. Every Montgomery County estate is handled by that single court.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Montgomery County, file with the Montgomery 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 Montgomery 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. Montgomery County Surrogate's Court is a mandatory NYSCEF e-filing court for probate and administration proceedings commenced on or after August 16, 2017 (guardianship and adoption proceedings are excluded). An attorney must e-file through NYSCEF unless exempt; a self-represented filer is exempt and may e-file, file on paper at the courthouse at 58 Broadway, Fonda, or file by mail to P.O. Box 1500, Fonda, NY 12068. When you file electronically, select Montgomery 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). In an e-filed case the fee can be paid by credit card through NYSCEF, with no added administrative fee under the county's e-filing protocol, or at the court in person or by mail; if you pay at court, the papers are not treated as filed until the fee is received.
- 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 Montgomery County Courthouse in Fonda; ask the Surrogate's Court at (518) 853-8108 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 Montgomery County
New York has one statewide set of official Surrogate's Court forms, and Montgomery County uses the same forms as every other county; there is no separate Montgomery 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 Montgomery County these forms are filed through NYSCEF (mandatory for attorneys, optional for self-represented filers), or on paper at the courthouse in Fonda or by mail to P.O. Box 1500, Fonda, NY 12068. 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) 853-8108.
| 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 Montgomery County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Montgomery 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 Montgomery County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Montgomery 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 Montgomery 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 New York; papers can also be mailed to the courthouse in Fonda. | 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 Fonda 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 |
|---|---|
| Montgomery County Surrogate's Court, (518) 853-8108 (nycourts.gov/courts/4th-judicial-district/montgomery-county-surrogates-court) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Fonda |
| 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 Montgomery 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 Amsterdam office serves Fulton, Montgomery, and Schoharie Counties |
| 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 Mohawk Valley |
When to hire an attorney
Many Montgomery 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 Fonda courthouse. Sunset can connect families to a vetted New York probate attorney serving Montgomery County and the Mohawk Valley.
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, Montgomery 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 estate settlement path (probate, administration, or voluntary administration) and the supporting paperwork, ready to file with the Montgomery County Surrogate's Court through NYSCEF, at the courthouse in Fonda, 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 Montgomery 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 Montgomery County?
With the Montgomery County Surrogate's Court at the Montgomery County Courthouse, 58 Broadway, Fonda, NY 12068; mail goes to P.O. Box 1500, Fonda, NY 12068. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Montgomery County?
Yes for attorneys. Montgomery County Surrogate's Court is a mandatory NYSCEF e-filing court for probate and administration proceedings commenced on or after August 16, 2017 (guardianship and adoption proceedings are excluded). A self-represented filer is exempt from mandatory e-filing and may file on paper at the courthouse in Fonda or by mail, but may also choose to e-file through NYSCEF.
Do I have to travel to Fonda to settle an estate in Montgomery 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 court at P.O. Box 1500, Fonda, NY 12068. If a hearing is scheduled it is held at the Montgomery County Courthouse in Fonda; ask the Surrogate's Court at (518) 853-8108 whether it can be held virtually.
Who hears probate cases in Montgomery County?
The Surrogate, sitting in the Montgomery County Surrogate's Court, decides probate and administration matters. New York Surrogates are elected and change over time, so this page refers to the court and the Surrogate rather than naming the sitting judge. The Chief Clerk of the Surrogate's Court runs the filing office in Fonda.
How do I look up a Montgomery 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 (518) 853-8108.
What forms do I need for probate in Montgomery 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 Montgomery County form set.
How much does it cost to file probate in Montgomery 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 Montgomery County add-on. In an e-filed case the fee can be paid by credit card through NYSCEF, with no added administrative fee under the county's e-filing protocol, or at the court in person or by mail.
What is the mailing address for the Montgomery County Surrogate's Court?
Montgomery County Surrogate's Court, P.O. Box 1500, Fonda, NY 12068. The court sits at the Montgomery County Courthouse, 58 Broadway, Fonda, and its email is [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.