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Oneida County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Oneida 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 | The office of the Chief Clerk of the Surrogate's Court, at 800 Park Avenue, 8th Floor, Utica |
| Courthouse | Oneida County Office Building, 800 Park Avenue, 8th Floor, Utica, NY 13501; the Surrogate's Court has one location and does not sit at the Rome courthouse |
| Phone | (315) 266-4550 (Surrogate's Court clerk's office) |
| Fax | (315) 266-4703 |
| Office hours | Monday to Friday, 8:30 AM to 4:30 PM, except court 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 Oneida 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 Surrogate's Court proceedings commenced on or after July 17, 2017. Attorneys must e-file (limited good-faith exemptions apply); a self-represented filer is exempt and may e-file, file on paper at the clerk's office, 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 Oneida County; ask the Surrogate's Court clerk's office at (315) 266-4550 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/5th-judicial-district/oneida-county-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Oneida 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, so the estate that actually goes through the Oneida County Surrogate's Court can be smaller than the family expects. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Oneida County Surrogate's Court serves all of Oneida County, whose communities include the cities of Utica, the county's court seat, Rome, and Sherrill, and the towns and villages of New Hartford, Whitestown, Whitesboro, New York Mills, Kirkland, Clinton, Vernon, Verona, Camden, Boonville, and the surrounding Mohawk Valley. There is one Surrogate's Court for the county, and it sits on the 8th floor of the Oneida County Office Building at 800 Park Avenue in Utica. Oneida County is historically a two-shire county with a second courthouse in Rome, but the Surrogate's Court has a single Utica location; the Rome courthouse houses other courts. The judge who hears probate and administration matters is the Surrogate, and the Chief Clerk of the Surrogate's Court runs the filing office; the Surrogate is elected and can change over time, so this page refers to the court rather than the sitting judge.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Oneida County, file with the Oneida County Surrogate's Court in Utica. 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 Oneida 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. Oneida County Surrogate's Court is a mandatory NYSCEF e-filing court for all proceedings commenced on or after July 17, 2017. An attorney must e-file through NYSCEF unless exempt under the court's e-filing protocol; a self-represented filer is exempt and may e-file, file on paper at the clerk's office on the 8th floor of the Oneida County Office Building at 800 Park Avenue in Utica, or file by mail. Before you open a new matter, search the decedent's last name so you do not duplicate a file that is already on record. When you file electronically, select Oneida County as the venue.
- Handle the will and death certificate correctly. In an e-filed case the death certificate is e-filed and no original need be sent to the court. The original paper will is scanned by the filer (you may unstaple it to scan) and then filed with the court within two business days of the e-filing, so plan to deliver or mail the original will to the Utica office promptly.
- 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). The court accepts payment by credit card through NYSCEF or payment at the court; if you pay at the court, the papers are not treated as filed until the fee is paid in full.
- Give notice to the distributees. The petitioner obtains signed waivers and consents from the distributees where possible, or submits a proposed citation through NYSCEF. The court completes the citation and posts the completed version to NYSCEF, with an email notification to the filer, who 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 Utica courthouse; ask the clerk's office at (315) 266-4550 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), and mails the letters and any certificates to the filer. A certified copy of the letters is what banks and transfer agents rely on, so request and pay for 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 Oneida County
New York has one statewide set of official Surrogate's Court forms, and Oneida County uses the same forms as every other county; there is no separate Oneida 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 Oneida County these forms are filed through NYSCEF, which is mandatory for attorneys and optional for self-represented filers, or on paper at the clerk's office on the 8th floor of the Oneida County Office Building at 800 Park Avenue in Utica or by mail. When a proceeding is e-filed the death certificate is e-filed, but the original paper will must be scanned and then filed with the court within two business days. 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 (315) 266-4550.
| 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 Oneida County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Oneida 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 Oneida County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Oneida County home was owned jointly with right of survivorship, or as tenants by the entirety, 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 Oneida 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 Utica; papers can also be mailed to the clerk's office. | 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 Utica 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 |
|---|---|
| Oneida County Surrogate's Court, (315) 266-4550 (nycourts.gov/courts/5th-judicial-district/oneida-county-surrogates-court) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Utica |
| NY CourtHelp, When Someone Dies (nycourts.gov/help/when-someone-dies) | 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 Oneida County Surrogate's Court, plus a case search for e-filed cases |
| Legal Aid Society of Mid-New York (lasmny.org), Utica office (315) 793-7000, HelpLine (877) 777-6152 | Free civil legal help for income-eligible residents of a mid-New York region that includes Oneida County |
| Oneida County Bar Association Lawyer Referral Service (oneidacountybar.org), (315) 724-6010 | Connects members of the public with a private Oneida County attorney for a consultation; referral requests are submitted on the association's form, and the phone line answers questions about the service |
| LawHelpNY (lawhelpny.org) | Statewide self-help legal information and routing to legal aid and lawyer referral services |
When to hire an attorney
Many Oneida 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 Utica courthouse. Sunset can connect families to a vetted New York probate attorney serving Oneida 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, Oneida 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 Oneida County Surrogate's Court through NYSCEF, at the clerk's office in Utica, 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 Oneida 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 Oneida County?
With the Oneida County Surrogate's Court, at the office of the Chief Clerk on the 8th floor of the Oneida County Office Building, 800 Park Avenue, Utica, NY 13501. New York has no separate probate court; the Surrogate's Court, one per county, handles estates. The general clerk's-office line is (315) 266-4550.
Is there a Surrogate's Court office in Rome?
No. Even though Oneida County is a historic two-courthouse county with a second county courthouse in Rome, the Surrogate's Court operates from a single location, the Oneida County Office Building at 800 Park Avenue in Utica. The Rome courthouse houses other courts, not a Surrogate's Court office, so probate and administration filings for Oneida County go to the Utica office.
Is e-filing required for probate in Oneida County?
Yes for attorneys. Oneida County Surrogate's Court is a mandatory NYSCEF e-filing court for all proceedings commenced on or after July 17, 2017. An attorney must e-file unless exempt under the court's e-filing protocol (a good-faith certification of no equipment or knowledge, or court exemption for good cause). A self-represented filer is exempt from mandatory e-filing and may file on paper at the clerk's office or by mail, but may also choose to e-file through NYSCEF.
How much does it cost to file probate in Oneida 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 Oneida County add-on. The court accepts payment by credit card through NYSCEF or payment at the court.
Who hears probate cases in Oneida County?
The Surrogate, the judge of the Oneida County Surrogate's Court, decides probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office in Utica. The Surrogate is elected and can change over time, so this page refers to the court and the Surrogate generically rather than to the sitting judge.
How do I file the original will in Oneida County?
When you e-file a proceeding through NYSCEF, the death certificate is e-filed and no original need be sent, but the original paper will must be scanned (you may unstaple it to scan) and then filed with the court within two business days of the e-filing. Plan to hand-deliver or mail the original will to the Surrogate's Court at 800 Park Avenue in Utica promptly after you file.
How do I look up an Oneida 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 (315) 266-4550.
What forms do I need for probate in Oneida 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 Oneida County form set.
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.