Delaware County, New York Court Filing
Fee Lookup

Delaware County, New York — home to approximately 44,135 residents and in the lower quarter of New York jurisdictions by population — handles court filings through the Delaware County Surrogate's Court in Delhi. New York's court structure (Supreme Court (civil/family) / Surrogate's Court (probate) / Family Court / Civil Court (small claims)) determines which courthouse accepts which case types and what fees apply.

For residents of Delaware County, the filing fee amounts depend on both the state's statutory schedule and any local surcharges added by the county.

Delaware County is a rural jurisdiction in New York where the Delaware County Surrogate's Court in Delhi handles all case types with a less specialized but accessible approach to court administration. Confirming the current fee schedule with the clerk's office is recommended, as fees can change when new state legislation takes effect or when the county updates its local surcharge schedule.

• Filing fees in Delaware County are based on New York's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $45–$1,250 (Surrogate's Court — scales with gross estate value)
• civil complaints and appearances — $210 (Supreme Court — index number) / $50–$100 (Civil Court)
• family law matters (divorce, custody, support) — $210 (Supreme Court) / $65–$115 (Family Court)
• small claims filings — $15–$20 (Civil Court / City Court small claims). These figures represent the state-level base
• the total amount due at the Delaware County Surrogate's Court in Delhi may include additional local charges.

• As a smaller jurisdiction, Delaware County typically operates with modest local surcharges, though the base state filing fees apply uniformly.
• The Delaware County Surrogate's Court in Delhi may have more flexibility in scheduling and processing than the state's busiest courts.

• Beyond the initial filing fee, Delaware County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in New York), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in Delaware County, request the full fee schedule from the Delaware County Surrogate's Court clerk in Delhi before initiating the proceeding.

New York has been expanding electronic filing (e-filing) capabilities across its court system. Delaware County is a jurisdiction where e-filing adoption may be more limited.

In smaller counties like Delaware County, the Delaware County Surrogate's Court in Delhi may accept or require paper filings for some or all case types, though this is changing as the state's e-filing infrastructure expands. Contact the Delaware County Surrogate's Court clerk directly to confirm the current e-filing requirements for your specific case type.

When e-filing is available in Delaware County, the system charges a convenience fee per transaction — typically $2 to $8 — in addition to the applicable statutory court fees. This convenience fee is charged by the e-filing service provider rather than the court itself and is generally non-waivable even for litigants who have received a court fee waiver.

Self-represented litigants (pro se filers) are often exempt from mandatory e-filing requirements and may file in paper at the Delaware County Surrogate's Court clerk's window in Delhi during regular business hours.

For probate and estate matters in Delaware County, e-filing availability may differ from civil cases. Some New York probate courts have been slower to adopt e-filing given the document-intensive nature of estate proceedings — original wills, certified death certificates, and original deeds often require in-person or mail submission regardless of whether other case types accept electronic filing.

Verify with the Delaware County Surrogate's Court in Delhi which documents can be e-filed and which require physical originals before planning your filing strategy.

• Delaware County residents who cannot afford court filing fees may apply for a fee waiver under CPLR § 1101.
• To apply, file a declaration of financial condition with the Delaware County Surrogate's Court clerk's office in Delhi at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in Delaware County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in CPLR § 1101 and may have been updated by recent legislation.
• Ask the Delaware County Surrogate's Court clerk in Delhi for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Delaware County Surrogate's Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Delaware County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.