If a loved one passed away in Buffalo, the Town of Tonawanda, Cheektowaga, Amherst, or anywhere in Erie County, their will is generally proven in the Erie County Surrogate’s Court. The questions below answer what Western New York families ask most when starting probate. For a step-by-step walkthrough, see our probate overview and Surrogate’s Court guide.
This page is general information about New York law under the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). It is not legal advice. To discuss your specific Erie County matter, you can book a consultation with Russel Morgan, Esq..
Quick Reference: Buffalo Probate Facts
| Topic | What to Know |
|---|---|
| Court | Erie County Surrogate’s Court, Buffalo, NY |
| Governing law | SCPA + EPTL |
| Executor’s authority | Letters Testamentary (SCPA §1414) |
| Interim authority | Preliminary Letters Testamentary (SCPA §1412) |
| Filing fee | Graduated by estate value (SCPA §2402) — confirm with court/counsel |
| Typical uncontested timeline | ~3 to 6 months |
| Typical attorney cost | ~$3,000 to $10,000 |
| Small-estate path | Voluntary administration (SCPA Article 13) |
| NY estate tax exclusion (2026) | $7,350,000 (cliff at 105% = $7,717,500) |
Filing and Getting Started
Where do I file probate for someone who died in Buffalo?
You file in the Surrogate’s Court for the county where the decedent was domiciled at death. For residents of Buffalo and the surrounding towns — Lackawanna, West Seneca, Hamburg, Orchard Park, Grand Island — that is the Erie County Surrogate’s Court. Domicile, not where the person happened to die, controls. Someone who lived in Buffalo but passed at a hospital in another county still probates here in Erie County.
What documents do I need to start probate?
To open a probate proceeding you generally file:
- A Petition for Probate, naming the proposed executor and the decedent’s distributees (heirs at law)
- The original signed will (not a copy)
- A certified copy of the death certificate
The petition asks the court to admit the will and issue Letters Testamentary to the nominated executor. Missing the original will is one of the most common reasons a Buffalo filing stalls, so locate it before you begin.
How does the court get authority over the heirs?
The Surrogate’s Court must have jurisdiction over every distributee. There are two routes. If the heirs agree, each signs a waiver and consent, and the court can move quickly. If any distributee will not sign — or cannot be located — the court issues a citation directing that person to appear on a return date. Absent objection, the Surrogate signs a decree admitting the will, and Letters Testamentary issue under SCPA §1414. See our executor duties page for what happens next.
Timelines and Costs
How long does probate take in Erie County?
An uncontested Buffalo probate typically takes about three to six months from filing to issuance of Letters, depending on the court’s calendar, how quickly heirs return waivers, and whether the petition is complete on first review. Estates with hard-to-find distributees, out-of-state heirs, or missing paperwork take longer. A contested probate — where someone challenges the will — can run a year or more.
What does probate cost in Buffalo?
There are two cost buckets:
- Court filing fee — set by statute and graduated by the value of the estate under SCPA §2402. The larger the estate, the higher the fee. We do not quote a number here because the bracket depends on your figures; confirm the current amount with the Erie County Surrogate’s Court or your attorney.
- Attorney fees — commonly in the $3,000 to $10,000 range for an uncontested matter, varying with estate complexity, number of heirs, and whether real property or a business is involved.
Can the executor act before Letters Testamentary are issued?
Sometimes. If the estate needs immediate management — a Buffalo property to secure, a bank account to protect, a business to keep running — the court can grant Preliminary Letters Testamentary under SCPA §1412. These give the nominated executor interim authority while the full probate proceeding is pending. Preliminary Letters are especially useful when a citation is outstanding or a contest is brewing.
Small Estates and Taxes
Does every estate in Buffalo have to go through full probate?
No. New York offers a simplified path called voluntary administration (a “small estate” proceeding) under SCPA Article 13. It uses an affidavit instead of a full petition and is available when the personal property is modest. A key limit: real property is generally excluded from this process, so a Buffalo home usually pushes the estate toward full probate or administration. Our small estate affidavit page explains who qualifies.
Will the estate owe New York estate tax?
It depends on size. For 2026, the New York estate tax exclusion is $7,350,000. Estates below that generally owe no New York estate tax. New York also has a “cliff”: once a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion phases out and the entire estate becomes taxable, not just the excess. Estates near that line should get tax advice early. New York estate tax is separate from federal estate tax and any income tax the estate may owe.
What if there is no will?
Then the matter is not “probate” but administration. Instead of Letters Testamentary, the court issues Letters of Administration to a qualified relative, and the estate passes under New York’s intestacy rules in EPTL Article 4. The petition, citation/waiver process, and Erie County filing location work similarly, but who inherits is fixed by statute rather than by a will.
Do I need a Buffalo probate attorney?
You are not legally required to hire counsel, but executors carry real liability — to creditors, to heirs, and to the court. An attorney prepares the petition correctly the first time, handles citations and any objections, advises on the estate-tax cliff, and keeps the Erie County matter moving. Morgan Legal Group represents executors and families throughout Western New York. To review your situation, schedule time with Russel Morgan, Esq.
Helpful official resources: NY Courts — Surrogate’s Court · SCPA on the NY Senate site · NY estate tax
Further reading from Morgan Legal Group: when you should bring in a probate attorney.