Filing Fees

Chautauqua County, New York

Fee Type	Amount
Petition for Probate	See Fee Schedule

Judges & Officers

Hon. Stephen W. Cass

Required Forms

Petition for Probate Petition for Ancillary Probate Petition for Letters of Administration Petition for Ancillary Letters of Administration Petition for Letters of Administration c.t.a. (after Probate)Petition for Letters of Administration d.b.n Successor Letters Testamentary Probate Proceeding Checklist Ancillary Probate Proceeding Checklist Administration c.t.a. (after Probate) Proceeding Checklist Surrogate-P-17 NOTICE OF PETITION FOR APPOINTMENT OF SUCCESSOR EXECUTOR Surrogate-P-14 PETITION FOR SUCCESSOR LETTERS TESTAMENTARY Surrogate-P-15 RENUNCIATION OF SUCCESSOR LETTERS TESTAMENTARY AND WAIVER OF PROCESS (INDIVIDUAL)Surrogate-P-16 RENUNCIATION OF SUCCESSOR LETTERS TESTAMENTARY AND WAIVER OF PROCESS (CORPORATION)Heir Receipt and Release (Form JA-2)Inventory of Assets Final Accounting Checklist Accounting Forms Form A-1 - Petition for letters of administration, version 2 Form A-2 - Citation Form A-3 - Notice of application for letters of administration Form A-4 - Affidavit of service of mailing notice of application Form A-5 - Notice to consul general Form A-6 - Decree appointing administrator Form A-7 - Affidavit of regularity Form A-8 - Waiver and renunciation (individual)Form A-9 - Waiver and renunciation (corporation)Form A-10 - Affidavit of service of citation Form AA-1 - Petition for ancillary letters of administration Form AA-2 - Citation Form AA-3 - Notice of application for ancillary letters of administration Form AP-1 - Petition for ancillary probate Form AP-2 - Citation Form AP-3 - Notice of ancillary probate CSMD-1 - Petition for appointment/confirmation of standby guardian [scpa 1757] of person/property/person and property/limited guardian of the property CSMD-2 - Waiver of process renunciation and consent to appointment of standby guardian CSMD-3 - Notice of petition SCPA 1753(2)CSMD-4 - 17-A guardianship citation [SCPA 1757]CSMD-5 - Affidavit of proposed guardian of the person/property/person and property/limited guardian of the property

Probate Forms Library

44 fillable forms — scroll to browse

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload

1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload

1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload

Application For Burial BenefitsfederalDownload

SSA-4 — Application for Child's Insurance BenefitsfederalDownload

SF 2800 — Application for Death Benefits (CSRS)federalDownload

SF 3104 — Application for Death Benefits (FERS)federalDownload

Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload

SS-4 — Application for Employer Identification NumberfederalDownload

706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload

SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload

1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload

1041 — Capital Gains and Losses (Estates and Trusts)federalDownload

706-CE — Certification of Payment of Foreign Death TaxfederalDownload

FE6 — Claim for Death Benefits (FEGLI)federalDownload

VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload

SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload

FE7 — Designation Of Beneficiary (FEGLI)federalDownload

SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload

FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload

8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload

1041 — Estimated Income Tax for Estates and TrustsfederalDownload

706 — Generation-Skipping Transfer Tax (Form 706)federalDownload

706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload

706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload

8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload

56 — Notice Concerning Fiduciary RelationshipfederalDownload

706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload

1041-V — Payment Voucher (Estate or Trust)federalDownload

I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload

2848 — Power of Attorney and Declaration of RepresentativefederalDownload

FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload

706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload

4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload

FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload

SSA-721 — Statement of Death by Funeral DirectorfederalDownload

1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload

706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload

706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload

1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload

1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload

706-A — United States Additional Estate Tax ReturnfederalDownload

706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload

709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

Court Documents & Links

Medical Malpractice Trial Scheduling Formforms Request for Criminal Certificate of Dispositionforms Request for CPL 160.59 Seal Verification Formforms Local Rules of Practice of the Second Department (effective 9/17/18)rules

Probate Guide

Probate in Chautauqua County, New York

The Chautauqua County Surrogate's Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Chautauqua County, NY, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In New York, the surrogate's court in each county oversees this process.

When Is Probate Required in New York?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above New York's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Chautauqua County

Locate the will (if one exists) and gather the death certificate
File a petition with the Chautauqua County Surrogate's Court to open probate
Notify heirs and creditors as required by New York law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In New York, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While New York does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Chautauqua County Surrogate's Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Chautauqua County Surrogate's Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Surrogate's Court hears cases involving the affairs of decedents, including the probate of wills and the administration of estates. E-filing is mandatory in all filings except guardianship and adoption proceedings. ADA accessible.

Office Hours

Monday-Friday8:30 a.m. - 4:30 p.m.

FAQ

Where do I file for probate in Chautauqua County, NY?

Probate petitions for estates in Chautauqua County are filed at the Chautauqua County Surrogate's Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Chautauqua County?

Probate filing fees in Chautauqua County, New York vary based on the estate value and type of petition. Contact the surrogate's court clerk for the current fee schedule.

How long does probate take in New York?

Probate in New York typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Chautauqua County?

While not always legally required in New York, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in New York, their assets are distributed according to state intestacy laws. The Chautauqua County Surrogate's Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, New York

Sharon Wick

Phillips Lytle LLP

Buffalo · 54 mi

Patrick (Pat) Emmerling

Bond, Schoeneck & King, PLLC

Buffalo · 54 mi

General Trust & EstateTestamentary Planning+1

Edward (Ed) Northwood

Ed Northwood and Associates

Buffalo · 55 mi

Roger Simon

Roger B. Simon

Buffalo · 63 mi

Philip (Phil) Burke

Woods Oviatt Gilman LLP

Rochester · 115 mi

See more attorneys near Chautauqua County →

Related Resources

New York Probate Guide →All New York Courts →Financial Institutions →