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Orleans County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Orleans 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 (Jamie Summers) |
| Courthouse and mailing address | Orleans County Courthouse, 1 South Main Street, Suite 3, Albion, NY 14411; filings and mail go to the courthouse |
| Phone | (585) 283-6622 (Orleans County Surrogate's Court); the court's clerks and staff are available for consultation at (585) 283-6658 |
| [email protected] (court mailbox for filing questions) | |
| Office hours | Monday to Friday, 9:00 AM to 5:00 PM |
| Filing fee | Set statewide by the Surrogate's Court Procedure Act (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, 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 Orleans 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 probate, administration, small-estate (voluntary administration), and related miscellaneous proceedings commenced on or after May 23, 2018. Attorneys must e-file (an attorney may opt out by certifying a lack of equipment or knowledge, or for good cause); self-represented filers are exempt and may e-file, file on paper at the courthouse, or file by mail. Guardianship and lifetime-trust matters may be e-filed but are not required to be |
| 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 Orleans County; ask the Surrogate's Court clerk's office at (585) 283-6658 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/8th-judicial-district/orleans-county-surrogates-court-m-b |
Before you begin — know the assets and liabilities
Before you file anything in Orleans 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 a rural county like Orleans it is common for a decedent to have owned a farm, an orchard, lakefront or canal-side property, or vacant land, 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 Orleans County Surrogate's Court serves all of Orleans County, the western New York county on Lake Ontario whose communities include the county seat of Albion, the village of Medina, Holley, Lyndonville, and the towns of Gaines, Barre, Carlton, Clarendon, Kendall, Murray, Ridgeway, Shelby, and Yates. There is one Surrogate's Court for the county, and it sits at the Orleans County Courthouse in Albion, where both filings and hearings take place. The county is part of New York's Eighth Judicial District, an administrative grouping only; probate is still filed in the county's own Surrogate's Court, not in the district.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Orleans County, file with the Orleans 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 Orleans 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. Orleans County Surrogate's Court is a mandatory NYSCEF e-filing court for probate, administration, small-estate, and related miscellaneous proceedings commenced on or after May 23, 2018. An attorney must e-file through NYSCEF unless the court grants an exemption; a self-represented filer is exempt and may e-file, file on paper at the courthouse counter at 1 South Main Street, Suite 3, Albion, or file by mail to the same address. When you file electronically, select Orleans County as the venue. In a probate case scan the original will without unstapling it and then file the original paper will with the court within two business days; a certified or attorney-certified death certificate is scanned into NYSCEF and a hard copy filed within two business days (per the court's e-filing protocol).
- 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, which adds a 2.99% transaction fee, or by check or cash at the court in person or by mail; a filing is not processed 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 asks the court to issue a citation to those who do not sign. In an e-filed case the proposed citation is submitted through NYSCEF, the court completes it and posts it back 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 Orleans County Courthouse in Albion; ask the clerk's office at (585) 283-6658 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; in an e-filed case, letters and certificates are requested and paid for through NYSCEF and mailed to the filer.
- 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 Orleans County
New York has one statewide set of official Surrogate's Court forms, and Orleans County uses the same forms as every other county; there is no separate Orleans 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 Orleans County these forms are filed through NYSCEF (mandatory for attorneys, optional for self-represented filers), or on paper at the courthouse counter in Albion or by mail to 1 South Main Street, Suite 3, Albion, NY 14411. 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 clerks at (585) 283-6658 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 Orleans County Surrogate's Court petitions; mandatory for attorneys, optional for self-represented filers |
| Orleans 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 Orleans County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Orleans 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 Orleans County Surrogate's Court runs on NYSCEF, an out-of-state child can choose to e-file and correspond electronically and, in most matters, avoid traveling to western New York; papers can also be mailed to the courthouse in Albion. | 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 Albion 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 |
|---|---|
| Orleans County Surrogate's Court, (585) 283-6658 (nycourts.gov, 8th Judicial District) | The filing office for probate; local intake questions, hours, the e-filing protocol, and the clerk's office contact in Albion |
| 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 Orleans County Surrogate's Court, plus a case search for e-filed cases |
| Neighborhood Legal Services (nls.org) | Free civil legal help for income-eligible Orleans County residents, including estate and probate questions; its Batavia office at 45 Main Street serves Genesee, Orleans, and Wyoming 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 western New York |
When to hire an attorney
Many Orleans 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 farm, an orchard, 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 Albion courthouse. Sunset can connect families to a vetted New York probate attorney serving Orleans County and western New York.
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, Orleans 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 Orleans County Surrogate's Court through NYSCEF, at the courthouse counter in Albion, 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 Orleans 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 Orleans County?
With the Orleans County Surrogate's Court, at the Orleans County Courthouse, 1 South Main Street, Suite 3, Albion, NY 14411. Both filings and hearings take place there, and mail goes to the same address. New York has no separate probate court; the Surrogate's Court, one per county, handles estates, and filings go to the Chief Clerk of the Surrogate's Court.
Is e-filing required for probate in Orleans County?
Yes for attorneys. Orleans County Surrogate's Court is a mandatory NYSCEF e-filing court for probate, administration, small-estate, and related miscellaneous proceedings commenced on or after May 23, 2018. An attorney must e-file unless the court grants an exemption (for example, on a certification that the attorney lacks the equipment or knowledge to e-file). A self-represented filer is exempt from mandatory e-filing and may file on paper at the Albion courthouse or by mail, but may also choose to e-file through NYSCEF.
Do I have to travel to Albion to settle an estate in Orleans County?
Often no. Because the county's Surrogate's Court runs on NYSCEF, most filings and correspondence can be handled electronically, and papers can be mailed to the courthouse at 1 South Main Street, Suite 3, Albion, NY 14411. If a hearing is scheduled it is held at the Albion courthouse; ask the clerk's office at (585) 283-6658 whether it can be held virtually.
Who hears probate cases in Orleans County?
The Orleans County Surrogate's Court. Sitting as the Surrogate, a judge decides probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office in Albion. The Surrogate is elected and can change over time, so this page refers to the court and the Surrogate rather than naming the sitting judge.
How do I look up an Orleans 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 clerks at (585) 283-6658.
What forms do I need for probate in Orleans 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 Orleans County form set.
How much does it cost to file probate in Orleans 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 Orleans County add-on. A credit-card payment made through NYSCEF adds a 2.99% transaction fee; you may also pay by check or cash at the court.
What is the address for the Orleans County Surrogate's Court?
Orleans County Courthouse, 1 South Main Street, Suite 3, Albion, NY 14411. That single location is where the clerk's office is, where filings and mail should be sent, and where court sessions are held. The office is open Monday to Friday, 9:00 AM to 5:00 PM.
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.