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Onondaga County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Onondaga County Surrogate's Court, serving all of Onondaga County, including the city of Syracuse |
| Courthouse | Onondaga County Courthouse, 401 Montgomery Street, Room 209, Syracuse, NY 13202 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 401 Montgomery Street, Room 209 |
| Phone | (315) 671-2100 |
| Fax | (315) 671-1162 |
| Hours | Monday to Friday, 8:30 a.m. to 4:30 p.m.; closed weekends and state and federal court holidays |
| Filing fee | Set by statute 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; $1 for a small estate handled by voluntary administration (SCPA Article 13). Uniform in every county (SCPA 2402, uniform statewide, verified July 2026) |
| Local forms | New York uses one statewide set of official Surrogate's Court forms in every county, including Form P-1 (Petition for Probate) and Form A-1 (Petition for Letters of Administration); the small estate document is the Affidavit of Voluntary Administration. There is no Onondaga County only form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory for attorneys in the Onondaga County Surrogate's Court for probate and administration proceedings and related miscellaneous proceedings (mandatory e-filing effective January 18, 2017). A self-represented filer is exempt from the e-filing requirement and may file on paper, in person or by mail, or may choose to e-file. Confirm the current authorized case types at nycourts.gov/efile |
| Case search | WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov (coverage varies by county); e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch |
| Help Center | The 5th Judicial District Help Center, for people who are not represented by an attorney, is in the Onondaga County Courthouse, 401 Montgomery Street, 5th floor, within the Supreme Court Law Library; first come, first served; (315) 671-1144 |
| Website | https://www.nycourts.gov/courts/5th-judicial-district/onondaga-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Onondaga County misstep is filing before you know what the estate holds and which proceeding fits. New York has three ordinary paths: a probate proceeding when there is a will (Surrogate's Court Procedure Act, SCPA, Article 14), an administration proceeding when there is no will (SCPA Article 10), and voluntary administration for a qualifying small estate (SCPA Article 13, SCPA 1301). Which one applies turns on whether there is a will and on the value and type of the assets; the statewide thresholds are covered on the New York state page. A Syracuse home held jointly with right of survivorship or a beneficiary-designated account often passes outside the estate, so the estate that actually goes through the Surrogate's Court can be smaller than the family expects.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, and parcel of Onondaga County real estate, along with every debt, and identify each distributee (the decedent's heirs at law) by name. Only then can you pick the right proceeding, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Onondaga County Surrogate's Court serves all of Onondaga County, including the city of Syracuse and the surrounding towns and villages such as Camillus, Cicero, Clay, DeWitt, Manlius, and Salina. Every Onondaga County probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court in the Onondaga County Courthouse, 401 Montgomery Street in Syracuse. Under New York's venue rule, the proper county is the one where the decedent was domiciled at death (SCPA 205); for a decedent who was not a New York domiciliary but left property in the state, venue lies where the property is located (SCPA 206), which is the basis for an ancillary proceeding. So the estate of an Onondaga County resident, or one holding Onondaga County real property, is filed at this courthouse.
Onondaga County sits in the 5th Judicial District, which also covers Herkimer, Jefferson, Lewis, Oneida, and Oswego counties, but probate is filed in the decedent's own county Surrogate's Court, not in the district. The court has one Surrogate and carries one of the higher-volume upstate dockets, files probate and administration proceedings through mandatory NYSCEF e-filing, and runs a Help Center for self-represented filers in the courthouse law library.
The jurisdiction process
- Confirm venue. The Onondaga County Surrogate's Court is the right court when the decedent was domiciled in Onondaga County at death (SCPA 205). The court accepts filings only for decedents who resided in Onondaga County or who left property or a cause of action here; an out-of-state will already admitted elsewhere is handled by an ancillary proceeding (SCPA 206).
- Choose the proceeding and the form. With a will, the named executor files Form P-1, the petition for probate, and the court issues Letters Testamentary (SCPA Article 14). With no will, a distributee files Form A-1, the petition for letters of administration, and the court issues Letters of Administration to the administrator; priority to serve is set by SCPA 1001 (SCPA Article 10). A qualifying small estate uses the Affidavit of Voluntary Administration (SCPA Article 13, SCPA 1301). The statewide thresholds are on the New York state page.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the distributees. Notice is given either by their signed waivers and consents or by a citation the court issues.
- File with the Surrogate's Court. In Onondaga County, NYSCEF e-filing is mandatory for attorneys in probate and administration proceedings and related miscellaneous proceedings; a self-represented filer is exempt and may e-file through NYSCEF or file on paper, in person or by mail, at the office of the Chief Clerk of the Surrogate's Court, 401 Montgomery Street, Room 209, Syracuse. Whenever a proceeding is e-filed, the original paper will and a certified copy of the death certificate must still be delivered to the court, not left as a scan alone; confirm the court's current deadline for delivering them.
- Pay the filing fee. The fee is set by statute on a sliding scale keyed to the estate's value, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more; a small estate handled by voluntary administration is $1 (SCPA 2402, uniform statewide, verified July 2026). Pay by credit card through NYSCEF, which adds an administrative fee, or by attorney or bank check or money order at the courthouse.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF or on paper and the court completes and issues it; a citation gives a return date on which an interested person may appear and object.
- Attend if a hearing is set. An uncontested probate or administration is often decided on the papers; a contested matter, such as an objection to probate (SCPA 1410), is heard by the Surrogate. Confirm the date and format, including whether a virtual appearance is available, with the court.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate). A certified copy of the letters is the proof banks and transfer agents rely on.
- Administer and close. Collect the assets, address creditor claims (a fiduciary who distributes more than seven months after letters were issued is protected against claims that were not presented within that seven-month window (SCPA 1802)), account to the interested parties, and distribute.
Forms and documents
Probate forms in Onondaga County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Onondaga County as in every other county's Surrogate's Court; there is no separate Onondaga County form set. The load-bearing filings are Form P-1, the Petition for Probate, used when there is a will, and Form A-1, the Petition for Letters of Administration, used when there is no will. A qualifying small estate is filed on the Affidavit of Voluntary Administration, also called the small estate affidavit. Common companions include the notice of probate, waivers and consents, and the affidavits of attesting witnesses.
The official forms are published on the statewide Surrogate's Court forms hub at nycourts.gov/surrogates-court-forms. Self-represented filers can also use the New York CourtHelp Do-It-Yourself (DIY) Form programs; the Small Estate DIY program builds a completed Affidavit of Voluntary Administration for a qualifying estate.
Because e-filing is mandatory for attorneys in Onondaga County, a probate or administration proceeding filed by counsel goes through NYSCEF. A self-represented filer may e-file through NYSCEF or file on paper at the office of the Chief Clerk of the Surrogate's Court, Room 209. The original will is not left to an upload alone: even when a proceeding is e-filed, the original paper will and a certified copy of the death certificate must be delivered to the court.
Local nuance
Onondaga County-specific considerations
E-filing is mandatory for attorneys. Unlike most upstate counties, the Onondaga County Surrogate's Court is a mandatory NYSCEF e-filing court: an attorney commencing a probate or administration proceeding, or a related miscellaneous proceeding, must e-file through NYSCEF. Mandatory Surrogate's Court e-filing took effect in Onondaga County on January 18, 2017. A self-represented (pro se) filer is exempt from the requirement and may file on paper, in person or by mail, or may choose to e-file. Because the authorized case types can change by later administrative order, confirm the current list on the county's Surrogate's Court page or at nycourts.gov/efile.
Original wills and death certificates travel on paper. Even when a proceeding is e-filed, the original paper will and a certified copy of the death certificate must still be delivered to the Surrogate's Court, not left as a scanned upload alone. Plan to hand-deliver or mail the original will and the certified death certificate to the court, and confirm the current deadline for doing so when you file.
One courthouse, one Surrogate, one filing counter. All Onondaga County probate and administration is filed at the office of the Chief Clerk of the Surrogate's Court, Room 209 of the historic Onondaga County Courthouse at 401 Montgomery Street in Syracuse. The county has a single Surrogate; because the Surrogate is elected and can change over time, this page refers to the court and the Surrogate rather than to a sitting judge.
Help for people without a lawyer. The 5th Judicial District Help Center, for people who do not have an attorney, is in the Onondaga County Courthouse at 401 Montgomery Street on the 5th floor, inside the Supreme Court Law Library, and can be reached at (315) 671-1144. It gives procedural help and connects filers to forms and resources, first come first served, but does not give legal advice. The court also points self-represented filers to the Volunteer Lawyers Project of CNY, which holds a Surrogate's Court clinic with an in-person attorney every other week; consultations are by appointment at (315) 471-3409.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Onondaga County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Syracuse-area home held by the spouses jointly with right of survivorship, or as tenants by the entirety, generally passes to the surviving spouse outside the estate; the survivor records or presents the death certificate to transfer title. Accounts and property in the decedent's sole name may still need a probate proceeding (Form P-1) if there is a will, or an administration proceeding (Form A-1) if there is not, filed at the Onondaga County Surrogate's Court. | Asset discovery to separate what passed outside the estate from what did not. Packet generation for the P-1 or A-1 petition and the notice and consent forms. A vetted Onondaga County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Onondaga County and left a qualifying small estate of limited personal property, the child can use voluntary administration (SCPA Article 13, SCPA 1301) on the Affidavit of Voluntary Administration for a $1 filing fee, and the CourtHelp DIY Small Estate program builds the form. A self-represented filer may e-file through NYSCEF or file the small estate affidavit on paper, so the child can often handle it from out of state. A larger estate is filed as an administration proceeding (Form A-1), which an attorney must e-file. | Asset discovery to confirm the estate fits the small estate path and holds no solely owned real property. Packet generation for the Affidavit of Voluntary Administration or the A-1 petition, formatted for NYSCEF. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | An administration proceeding at the Onondaga County Surrogate's Court. Because there is no will, the parent petitions for letters of administration (Form A-1), with priority among distributees set by SCPA 1001, and the court issues Letters of Administration. The administrator then obtains the authority needed to sell the child's Onondaga County real property before the deed can transfer, and a contested step is heard by the Surrogate. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Onondaga County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Onondaga County Surrogate's Court (nycourts.gov/courts/5th-judicial-district/onondaga-county-surrogates-court) | The court's own page: address, hours, contacts, the e-filing protocol, and self-represented litigant information |
| 5th Judicial District Help Center, 401 Montgomery Street, 5th floor (315) 671-1144 | Walk-in help for self-represented filers with procedure, forms, and referrals, inside the courthouse Supreme Court Law Library; first come, first served |
| New York CourtHelp, When Someone Dies (nycourts.gov/courthelp/WhenSomeoneDies/overview.shtml and /probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates |
| New York CourtHelp DIY Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A free guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| Statewide Surrogate's Court forms (nycourts.gov/surrogates-court-forms) | The official statewide forms, including Form P-1 and Form A-1 |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| Volunteer Lawyers Project of CNY (vlpcny.org) (315) 471-3409 | Free legal assistance for eligible Onondaga County residents; holds a Surrogate's Court clinic with an in-person attorney every other week, by appointment, and takes intake online at vlpcny.org/intake |
| Legal Services of Central New York (lscny.org) (315) 703-6500 | Free civil legal help for income-eligible residents of a 13-county central New York region that includes Onondaga County; helpline (877) 777-6152 |
| Onondaga County Bar Association Lawyer Referral Service (onbar.org/find-a-lawyer) | Refers callers to a private Onondaga County attorney experienced in the type of matter, including probate and estates |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Onondaga County estates are handled with the statewide forms, the Help Center, and the DIY Small Estate program. Counsel makes sense when the will is contested or an interested party files objections to probate (SCPA 1410); when the estate is large, taxable, or holds a business interest or out-of-state property; when Onondaga County real property must be sold; when the heirs are unknown or hard to prove and a kinship question arises; or when the fiduciary faces a dispute over accounting or removal. Because Onondaga County requires attorneys to e-file, a represented filer works within NYSCEF from the start. Sunset can connect families to a vetted Onondaga County probate attorney when the situation calls for counsel.
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, Onondaga County real estate, business interests, and unclaimed property, so you know the estate's value and can choose the right New York estate settlement proceeding before you file.
Generate the probate packet. Sunset assembles the Onondaga County filing: the petition for probate (Form P-1) or letters of administration (Form A-1), or the Affidavit of Voluntary Administration for a small estate, with the notice and consent forms, formatted for NYSCEF or for the Chief Clerk's counter at 401 Montgomery Street.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Onondaga County probate attorney to file and appear.
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 probate in Onondaga County?
With the Onondaga County Surrogate's Court, at the office of the Chief Clerk of the Surrogate's Court in the Onondaga County Courthouse, Room 209, 401 Montgomery Street, Syracuse, NY 13202. An attorney must e-file a probate or administration proceeding through NYSCEF; a self-represented filer may e-file or file on paper, in person or by mail. The general court line is (315) 671-2100.
Is e-filing required in the Onondaga County Surrogate's Court?
Yes, for attorneys. NYSCEF e-filing is mandatory for attorneys in the Onondaga County Surrogate's Court for probate and administration proceedings and related miscellaneous proceedings; mandatory Surrogate's Court e-filing took effect in Onondaga County on January 18, 2017. A self-represented (pro se) filer is exempt and may file on paper, or may choose to e-file. Because the authorized case types can change, confirm the current list at nycourts.gov/efile.
How much does it cost to file probate in Onondaga County?
The filing fee is set by statute 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 the same in every county (SCPA 2402, verified July 2026). A small estate handled by voluntary administration is $1. NYSCEF adds an administrative fee for paying the filing fee by credit card.
Do I have to appear in person for an Onondaga County probate?
Often not. An uncontested probate or administration is frequently decided on the papers. A contested matter, such as an objection to probate, is heard by the Surrogate. Confirm the date and format, including whether a virtual appearance is available, with the court when a hearing is set.
How do I look up an Onondaga County probate case?
Use WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov, though coverage varies by county. Because Onondaga is a mandatory e-filing county, e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch.
What forms do I use for Onondaga County probate?
The official statewide Surrogate's Court forms, the same set used in every county. The core filings are Form P-1 (Petition for Probate) when there is a will and Form A-1 (Petition for Letters of Administration) when there is not, and the Affidavit of Voluntary Administration for a small estate. They are on the statewide forms hub at nycourts.gov/surrogates-court-forms, and the CourtHelp DIY Small Estate program builds the small estate affidavit.
How do I file the original will in Onondaga County?
The original will is filed with the Surrogate's Court. Even when the proceeding is e-filed through NYSCEF, the original paper will and a certified copy of the death certificate must be delivered to the court, not left as a scan alone. Plan to hand-deliver or mail the original will and the certified death certificate, and confirm the court's current deadline for doing so.
Is there free help with probate in Onondaga County?
Yes. The 5th Judicial District Help Center, in the Onondaga County Courthouse at 401 Montgomery Street on the 5th floor within the Supreme Court Law Library, helps people who do not have an attorney with procedure and forms, first come first served, at (315) 671-1144. The Volunteer Lawyers Project of CNY holds a Surrogate's Court clinic with an in-person attorney every other week, by appointment at (315) 471-3409, and LawHelpNY (lawhelpny.org) has self-help information online.
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.