When a Buffalo resident dies leaving a will, someone must be formally authorized to act on the estate’s behalf. That authority comes through Letters Testamentary issued by the Erie County Surrogate’s Court under SCPA §1414. Until those letters issue, banks, title companies, and agencies throughout Western New York — from the Buffalo waterfront to Cheektowaga and Amherst — will not release assets to anyone.
How Erie County Surrogate’s Court Appoints an Executor
The process moves through these stages:
| Stage | What Happens |
|---|---|
| File petition | Petition for Probate + original will + certified death certificate submitted to Erie County Surrogate’s Court |
| Establish jurisdiction | Distributees sign waivers/consents, or court issues citation and sets return date |
| Decree enters | Absent objection on return date, court issues probate decree |
| Letters issue | Executor receives Letters Testamentary; authority becomes statewide |
Typical uncontested timeline: 3–6 months. Attorney fees generally range from $3,000–$10,000; court filing fees are graduated by estate value under SCPA §2402 — confirm current amounts with counsel or the court directly.
Preliminary Letters Testamentary (SCPA §1412)
If the estate has pressing needs — outstanding mortgages, business obligations, or time-sensitive Buffalo real estate matters — the court may grant Preliminary Letters Testamentary under SCPA §1412, giving the executor interim authority while the full probate proceeding remains pending.
2026 NY Estate Tax Threshold
Estates exceeding $7,350,000 may owe New York estate tax; estates above $7,717,500 (the 105% cliff) lose the exclusion entirely. See tax.ny.gov for current rates.
Smaller Buffalo Estates
If the gross estate falls below the SCPA Article 13 threshold and consists entirely of personal property, a Small Estate Affidavit may avoid formal probate altogether — no executor appointment required.
Related Pages
- Probate Overview
- Erie County Surrogate’s Court Guide
- Executor Duties After Letters Issue
- Contested Probate in Buffalo
Ready to file in Erie County? Attorney Russel Morgan, Esq. handles Buffalo-area probate from petition through distribution.
Schedule a Free 30-Minute Consultation →
Further reading from Morgan Legal Group: when you should bring in a probate attorney.