If you are settling a loved one’s estate in Buffalo, the cost of probate at the Erie County Surrogate’s Court comes down to two main categories: the court filing fee, which New York law sets on a graduated scale tied to the size of the estate under SCPA §2402, and your attorney’s fee, which for an uncontested estate typically runs $3,000 to $10,000 depending on complexity. New York does not charge a single flat probate fee — the more an estate is worth, the higher the court’s filing fee bracket, so the exact dollar amount must be confirmed with the Erie County Surrogate’s Court clerk or your counsel before you file. This guide walks through every cost you should budget for when probating a will in Erie County in 2026.
What You Are Actually Paying For
Probate is the court process that proves a will is valid and gives the named executor legal authority to act. In New York, that authority arrives in the form of Letters Testamentary (SCPA §1414), the certificate banks, brokerages, and title companies require before they will release a decedent’s assets. To get there, you file a Petition for Probate with the Erie County Surrogate’s Court, along with the original signed will and a certified copy of the death certificate.
Your total out-of-pocket cost is built from several pieces:
- Court filing fee — graduated by estate value under SCPA §2402.
- Attorney’s fee — roughly $3,000–$10,000 for an uncontested matter.
- Certified copies of Letters — a per-copy fee charged by the court; you will usually need several originals, one for each financial institution.
- Incidental costs — certified death certificates, postage for serving distributees, and, where required, the cost of a guardian ad litem or publication.
For a deeper walkthrough of how a case moves through the court, see our Surrogate’s Court guide and our general probate overview.
The Court Filing Fee: Graduated by Estate Value (SCPA §2402)
The single most common question we hear from Buffalo families is “what is the filing fee?” The honest answer is: it depends on the value of the estate. Under SCPA §2402, New York’s Surrogate’s Court filing fees are set on a graduated schedule — small estates pay a modest fee, and the fee rises in steps as the value of the estate increases.
Because these brackets are fixed by statute and periodically updated, we do not quote a specific number here. Instead, calculate the value of the probate estate, then confirm the exact filing fee for that bracket directly with the Erie County Surrogate’s Court clerk or with your attorney before filing. The structure looks like this:
| Cost Item | How It Is Determined | Notes |
|---|---|---|
| Petition filing fee | Graduated by estate value (SCPA §2402) | Confirm exact bracket with the court |
| Certified copies of Letters Testamentary | Per-copy court fee | Order several; banks each want an original |
| Certified death certificate | Set by NY Dept. of Health / county | One certified original required to file |
| Attorney’s fee (uncontested) | ~$3,000–$10,000 | Varies with estate complexity |
The “value of the estate” used to determine the filing-fee bracket generally refers to the probate assets — those passing under the will. Assets with named beneficiaries (life insurance, retirement accounts) or held jointly with right of survivorship typically pass outside probate and are not part of that calculation.
Preliminary Letters: An Optional Interim Step
If the executor needs authority quickly — to secure a Buffalo property, manage a business, or stop a financial bleed — the court can issue Preliminary Letters Testamentary under SCPA §1412 while the full probate petition is still pending. Requesting preliminary letters adds a step (and a corresponding court fee) but can be worth it when timing matters. Your executor’s broader responsibilities are covered in our guide to executor duties.
Attorney’s Fees in Erie County
For most uncontested Buffalo estates, attorney’s fees fall in the $3,000 to $10,000 range. Where your matter lands depends on factors such as:
- The number of beneficiaries and whether all sign waivers and consents (avoiding the time and cost of serving a citation).
- Whether the estate holds real property, a business interest, or out-of-state assets.
- Whether anyone contests the will (a contested probate proceeding costs substantially more).
- Whether estate or income tax returns are required.
An estate where every distributee signs a waiver moves faster and cheaper than one where the court must issue citations and wait for a return date. This is the biggest single lever on cost, and it is worth confirming early.
How Long — and How Much — for an Uncontested Estate
A straightforward, uncontested probate in Erie County generally takes about three to six months from filing to the issuance of Letters Testamentary. The sequence is:
- File the Petition for Probate, original will, and certified death certificate.
- Establish the court’s jurisdiction over distributees — by waiver and consent, or, if anyone will not sign, by serving a citation.
- On the return date, absent objection, the court issues a decree granting probate.
- Letters Testamentary issue; the executor collects assets, pays valid debts and taxes, and distributes the remainder.
Contested matters — where a distributee files objections — can run much longer and cost considerably more, which is why securing waivers up front is the most effective cost-control strategy available.
A Lower-Cost Path: Small Estates
Not every estate needs full probate. If the decedent’s personal property (excluding most real estate) totals $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a simplified affidavit procedure that avoids the full petition and its higher filing fee. Note that real property is generally excluded from this process, so an estate that owns a Buffalo home usually cannot use it. Learn more on our small estate affidavit page.
What About Estate Tax?
Court filing fees are separate from estate tax. For 2026, the New York estate tax exclusion is $7,350,000. New York applies a “cliff”: estates exceeding 105% of the exclusion — $7,717,500 — lose the benefit of the exclusion entirely and are taxed on the full value. Most Buffalo estates fall well below this threshold and owe no New York estate tax, but high-value estates should plan carefully with counsel.
Frequently Asked Questions
Q: What is the exact filing fee at the Erie County Surrogate’s Court?
A: There is no single number. Under SCPA §2402, the fee is graduated by the value of the probate estate. Calculate the estate’s value, then confirm the bracket with the Erie County Surrogate’s Court clerk or your attorney.
Q: How much does an attorney charge to probate a will in Buffalo?
A: For an uncontested estate, typically $3,000–$10,000, depending on the number of beneficiaries, the assets involved, and whether all distributees sign waivers.
Q: How long does probate take in Erie County?
A: An uncontested case generally takes about three to six months from filing to the issuance of Letters Testamentary. Contests can extend this significantly.
Q: Can I avoid probate fees with a small estate?
A: Possibly. If personal property is $50,000 or less, you may qualify for voluntary administration under SCPA Article 13, which uses a simpler, lower-cost affidavit — though real property is generally excluded.
Talk to a New York Probate Attorney
Every estate is different, and the difference between a smooth, low-cost probate and an expensive one often comes down to how the petition is prepared and whether distributees sign waivers up front. At Morgan Legal Group, Russel Morgan, Esq. and our team guide Buffalo families through the Erie County Surrogate’s Court from filing to final distribution.
Schedule a 30-minute consultation with Russel Morgan, Esq. to get a clear, estate-specific picture of your filing fees and costs.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.