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Oswego County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Oswego 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 |
| Courthouse and mailing address | Oswego County Courthouse, 25 East Oneida Street, Oswego, NY 13126; mail is directed to the same address |
| Phone | (315) 207-7566 (Oswego County Surrogate's Court) |
| Fax | (315) 266-4784 |
| [email protected] | |
| Office hours | Monday to Friday, 8:30 AM to 4:30 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 a $1 fee for a small estate handled by voluntary administration (SCPA 1304(4)). The schedule is uniform in every county; there is no Oswego County add-on (verified July 2026) |
| Local probate forms | None beyond the statewide official Surrogate's Court forms; Oswego County does add local filing rules (Part 1950) that require attorneys to include a signed retainer statement with their initial filing and an affidavit of the decedent's property with the probate or administration petition |
| E-filing | Mandatory through NYSCEF for administration, probate, and related proceedings, including small estate proceedings; guardianship and adoption proceedings are exempt. Attorneys must e-file (an attorney who lacks the equipment or knowledge may file an opt-out form); unrepresented 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 Oswego County; ask the Surrogate's Court at (315) 207-7566 whether a virtual appearance is available for your matter |
| Website | https://www.nycourts.gov/courts/5th-judicial-district/oswego-county-surrogates-court |
Before you begin — know the assets and liabilities
Before you file anything in Oswego 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 (SCPA 1301) 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, and Oswego County's local rules direct attorneys to file an affidavit of the decedent's property with the petition, so an accurate asset list saves a return trip. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Oswego County Surrogate's Court serves all of Oswego County, the Lake Ontario county whose communities include the cities of Oswego and Fulton and the villages and towns of Pulaski, Mexico, Phoenix, Central Square, Hannibal, Sandy Creek, Parish, Cleveland, and Constantia. There is one Surrogate's Court for the county, and it sits in the Oswego County Courthouse in the city of Oswego, the county seat. A single Surrogate hears the county's probate and administration matters, and the Chief Clerk of the Surrogate's Court runs the filing office.
Venue for a decedent's estate is the county where the decedent was domiciled at death (SCPA 205). If the decedent lived in Oswego County, file with the Oswego 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 Oswego 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. Oswego County's local rules call for attorneys to file an affidavit of the decedent's property with the petition, so prepare that asset list carefully.
- 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. Oswego County Surrogate's Court is a mandatory NYSCEF e-filing court for administration, probate, and related proceedings, including small estate proceedings (guardianship and adoption are exempt). An attorney must e-file through NYSCEF unless the attorney files an opt-out form for lack of equipment or knowledge; an unrepresented filer is exempt and may e-file, file on paper at the Oswego County Courthouse, 25 East Oneida Street, or file by mail to the same address. When you file electronically, select Oswego 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 (SCPA 1304(4); verified July 2026). NYSCEF and in-person credit-card payments add a 2.99% transaction fee; 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, with the appropriate notice of electronic filing attached.
- 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 Oswego County Courthouse; ask the Surrogate's Court at (315) 207-7566 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). Letters and certificates carry the court seal and are mailed to you in hard copy once payment is received, so request enough certified copies for the banks and transfer agents 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 Oswego County
New York has one statewide set of official Surrogate's Court forms, and Oswego County uses the same forms as every other county; there is no separate Oswego 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.
Oswego County does add local filing requirements under its Part 1950 rules: an attorney must file a signed retainer statement with the initial filing of any court papers, an affidavit of the decedent's property with the initial probate or administration petition, and, where a will nominates an attorney as fiduciary or co-fiduciary, an affidavit of the testator explaining that choice. In Oswego County these forms and papers are filed through NYSCEF (mandatory for attorneys, optional for unrepresented filers), or on paper at the courthouse or by mail to 25 East Oneida Street, Oswego, NY 13126. 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) 207-7566.
| 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 Oswego County Surrogate's Court petitions; mandatory for attorneys, optional for unrepresented filers |
| Oswego County Surrogate's Court | Local intake questions, hours, the clerk's office contact, and the county's e-filing protocol and Part 1950 local rules |
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Oswego County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Oswego 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(4)). Because Oswego 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 central New York; papers can also be mailed to the courthouse in Oswego. | 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 Oswego County 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 |
|---|---|
| Oswego County Surrogate's Court, (315) 207-7566, [email protected] (nycourts.gov/courts/5th-judicial-district/oswego-county-surrogates-court) | The filing office for probate; local intake questions, hours, the mandatory e-filing protocol, and the county's Part 1950 local rules |
| 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 Oswego County Surrogate's Court, plus a case search for e-filed cases |
| Legal Aid Society of Mid-New York, LASMNY (lasmny.org), HelpLine 1-877-777-6152 | Free civil legal help for income-eligible residents; its 13-county central New York service area includes Oswego County, with an office in the city of Oswego |
| 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 Oswego County and the central New York region |
When to hire an attorney
Many Oswego 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 the county's Part 1950 local rules, which require a signed retainer statement with the attorney's initial filing, an affidavit of the decedent's property with the initial petition, and a testator's affidavit where a will names an attorney as fiduciary. Sunset can connect families to a vetted New York probate attorney serving Oswego 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, Oswego 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 Oswego County Surrogate's Court through NYSCEF, at the courthouse in Oswego, 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 Oswego 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 Oswego County?
With the Oswego County Surrogate's Court at the Oswego County Courthouse, 25 East Oneida Street, Oswego, NY 13126, which is also the mailing address. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required for probate in Oswego County?
Yes for attorneys. Oswego County Surrogate's Court is a mandatory NYSCEF e-filing court for administration, probate, and related proceedings, including small estate proceedings (guardianship and adoption proceedings are exempt). An attorney who lacks the equipment or knowledge may file an opt-out form. An unrepresented filer is exempt from mandatory e-filing and may file on paper at the courthouse or by mail, but may also choose to e-file through NYSCEF.
Do I have to travel to Oswego to settle an estate there?
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 Oswego County Courthouse, 25 East Oneida Street, Oswego, NY 13126. If a hearing is scheduled it is held at the courthouse; ask the Surrogate's Court at (315) 207-7566 whether it can be held virtually.
Does Oswego County have its own probate rules?
Yes. Beyond the statewide procedures, Oswego County Surrogate's Court has local rules (Part 1950) that require an attorney to file a signed retainer statement with the initial filing of any court papers, an affidavit of the decedent's property with the initial probate or administration petition, and a testator's affidavit where a will nominates an attorney as fiduciary. The forms themselves are the same statewide official Surrogate's Court forms used in every county.
How do I look up an Oswego 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. Because Oswego County is a mandatory e-filing court, recent matters generally appear in NYSCEF. To confirm a specific filing you can also call the Surrogate's Court at (315) 207-7566.
What forms do I need for probate in Oswego 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. Oswego County adds local filing requirements under Part 1950 rather than a separate form set.
How much does it cost to file probate in Oswego 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(4); verified July 2026). The schedule is uniform statewide, so there is no Oswego County add-on; NYSCEF and in-person credit-card payments add a 2.99% transaction fee.
Who hears probate cases in Oswego County?
A single Surrogate sits for Oswego County and decides its probate and administration matters; the Surrogate is elected and can change over time, so this page refers to the court and the Chief Clerk rather than to a name. The Chief Clerk of the Surrogate's Court runs the filing office at the courthouse in Oswego.
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.