Erie County, New York Probate
Cost Calculator

Erie County, New York — home to approximately 954,236 residents and ranked as among the top ten most populated jurisdictions in New York — administers probate through the Erie County Surrogate's Court located in Buffalo. The jurisdiction's size and demographics shape both the complexity of estates that come before the court and the pace at which cases proceed through the system.

With 954,236 residents, Erie County ranks 8th in New York by population — firmly in the metropolitan tier. The Erie County Surrogate's Court in Buffalo manages a significant probate caseload, with standardized procedures and dedicated staff that help cases move through the system efficiently.

However, the high volume means longer wait times for hearing dates compared to the state's less busy jurisdictions, and the court may apply closer scrutiny to fee petitions and accountings.

Estate proceedings in Erie County — ranked 8th of New York's 62 counties — are administered through the Erie County Surrogate's Court in Buffalo. New York refers to probate as "estate proceedings," and the Surrogate's Court has exclusive jurisdiction over the probate of wills, the appointment of fiduciaries, and the accounting of estates.

Executor commissions follow the SCPA § 2307 statutory schedule, while attorney fees are subject to the court's "reasonable compensation" review under SCPA § 2110. Erie County's Surrogate's Court processes a substantial caseload with dedicated staff and structured hearing calendars.

New York also imposes a state estate tax on estates exceeding $6.94 million, which affects estate planning and administration strategy.

Anchored by Buffalo in western New York, Erie County has undergone a significant urban revitalization and is a gateway to Niagara Falls, with a proud industrial heritage and passionate sports culture. These local economic and cultural factors directly influence probate in Erie County — from the types and values of assets in local estates to the complexity of property division and the availability of specialized probate attorneys in the Buffalo area.

Erie County is home to notable landmarks and institutions including Niagara Falls State Park, Buffalo City Hall, Albright-Knox Art Gallery, Frank Lloyd Wright's Darwin Martin House. For estates that include interests in local businesses, commercial real estate near these anchors, or specialized assets tied to the area's economy, probate costs can increase due to the need for professional appraisals and valuations.

The Erie County Surrogate's Court in Buffalo handles these complex matters alongside routine estate administration.

As a major metropolitan center, Erie County's real estate values and cost of living tend to push estate values — and therefore probate fees — higher than in the state's rural jurisdictions. The trade-off is a deeper pool of experienced probate attorneys and more established court procedures.

• New York's fee structure in Erie County — ranked 8th of the state's 62 counties — involves statutory executor commissions under SCPA § 2307 and court-reviewed attorney fees.
• Executor commissions follow a declining percentage schedule: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on amounts above $5 million.
• Attorney fees are subject to the Surrogate's "reasonable compensation" review under SCPA § 2110 and must be approved as part of the estate accounting.

• Filing fees at the Erie County Surrogate's Court in Buffalo include the petition fee (scaled to the estate's gross value), fees for Letters Testamentary, and charges for certified copies.
• Erie County's Surrogate's Court maintains a substantial caseload with established procedures.
• New York's estate tax (threshold: $6.94 million) adds a layer of complexity to administration planning that should be addressed early in the process.

• Estate proceedings in Erie County — the 8th most populated of New York's 62 counties — begin with filing a probate petition at the Erie County Surrogate's Court in Buffalo.
• New York requires that all persons whose interests would be affected by the probate receive citation (notice), and the Surrogate's Court will not admit the will until jurisdiction over all necessary parties is established.
• The timing of the initial hearing depends on the court's docket and the complexity of the citation process.

• After Letters Testamentary are issued, the executor must marshal estate assets, file a notice to creditors, and manage the estate through administration.
• New York requires a formal accounting before the estate can be closed, which the Surrogate's Court must approve.
• The typical timeline in Erie County runs 9-24 months — among the longest in the nation — driven by New York's procedural requirements, the accounting process, and the estate tax review for estates above the $6.94 million threshold.
• Small estate proceedings under SCPA Article 13 provide an expedited alternative for estates under $50,000.

New York's small estate procedure under SCPA Article 13 is available for estates valued below $50,000 in Erie County, ranked 8th of the state's 62 counties. This "voluntary administration" process is handled through the Erie County Surrogate's Court in Buffalo and provides a significantly faster and less expensive alternative to full probate proceedings.

The small estate threshold applies to the total value of the decedent's personal property.

In Erie County, the small estate procedure provides a valuable alternative for qualifying estates, though note that New York's $50,000 threshold is relatively low compared to other states. Assets passing outside probate — through joint accounts, beneficiary designations, and payable-on-death arrangements — are excluded from the calculation.

• Getting an accurate probate cost estimate for an estate in Erie County requires accounting for both New York's statutory percentage schedule and the local filing fees charged by the Erie County Surrogate's Court.
• In one of New York's larger jurisdictions, costs can add up quickly between professional fees, court costs, and administrative expenses.
• Having a clear estimate before you begin helps you plan and avoids surprises during administration.
• This calculator applies New York's specific rules automatically, giving you an estimate within minutes of entering the estate's approximate value.

• This free probate calculator covers New York's statutory percentage schedule and generates instant estimates based on estate value — no account required.
• Whether you're an executor, a beneficiary, or a family member trying to understand what comes next, you can get a clear picture of expected costs for Erie County in just a few minutes.

Beyond probate costs, Erie County residents may need other legal tools. Our Divorce Cost Estimator for New York covers filing fees, attorney costs, and mediation options across the state.

For statewide legal deadlines, see the New York Statute of Limitations lookup.

Additional free tools: New York Estate Tax Calculator for federal and state estate tax exposure, New York Small Estate Checker to see if the estate qualifies for simplified procedures, and New York Homestead Exemption Calculator to understand property protections that may affect the probate estate.

• Probate rules and costs vary across New York's 62 counties.
• Compare Erie County with other jurisdictions: Kings County, Queens County, New York County, Suffolk County.

Each county page covers local court procedures, filing fees, small estate thresholds, and an interactive probate cost calculator pre-set for that county's specific rules.

• Probate rules and costs vary across New York's 62 counties.
• Compare Erie County with other jurisdictions: Kings County, Queens County, New York County, Suffolk County.

Each county page covers local court procedures, filing fees, small estate thresholds, and an interactive probate cost calculator pre-set for that county's specific rules.