Albany County Probate Court Records
Albany County probate court records are on file at the Surrogate's Court in the Albany County Courthouse. You can search these records online through the free WebSurrogate portal or visit the courthouse in person to view files and get copies. Albany County has one of the oldest probate record collections in New York State, with estate files going back to 1777. The court handles wills, estate administration, guardianship matters, and related proceedings for anyone who was living in Albany County at the time of death.
Albany County Overview
Albany County Surrogate's Court
The Surrogate's Court is where all probate court records are kept in Albany County. This court handles the probate of wills, administration of intestate estates, guardianship proceedings, and adoption matters. It sits at the Albany County Courthouse in the heart of Albany's government district, close to other county offices and the state capitol. The court is part of the 3rd Judicial District, which also includes Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster counties.
Albany County is one of the original counties of New York, created in 1683. That long history means the probate court records here go way back. Records of decedents date to 1777, making this one of the oldest continuous record-keeping systems in the state. The court accepts mandatory e-filing for probate and administration proceedings when parties have an attorney. Self-represented filers can still submit papers in person.
| Court | Albany County Surrogate's Court |
|---|---|
| Address |
Albany County Courthouse 16 Eagle Street Albany, NY 12207 |
| Phone | (518) 285-6100 |
| Hours | Monday through Friday, 8:45 AM to 5:00 PM |
| Website | nycourts.gov - Albany County |
How to Search Albany County Probate Court Records
You can search Albany County probate court records online or in person. The online option is faster for basic case details. Going to the courthouse gives you access to the full file and lets you get certified copies on the spot.
WebSurrogate is the state's free search tool for Surrogate's Court records. It covers Albany County. You can look up cases by party name and narrow your results by date of death. The File Search lets you pull up a specific case when you have the file number. Documents filed on or after February 19, 2014 are viewable online. For older probate court records, you need to visit the courthouse, where public access computers let you view unrestricted historical documents.
The court also maintains an index of all estates filed in the county. These indices are open to the public during business hours. For genealogical research, the records can show family relationships, property ownership, debts, and more. The court works closely with the Albany County Clerk's Office, which keeps related land records and a Will Index.
To search probate court records in Albany County, you need:
- Full name of the deceased person
- Approximate date of death or filing date
- File or docket number if you have it
- Type of proceeding (probate, administration, small estate)
Albany County Probate Court Records Fees
Filing fees for probate court records in Albany County follow the statewide schedule under SCPA 2402. The amount depends on the gross value of the estate. Estates under $10,000 pay $45. Between $10,000 and $20,000, the fee is $75. From $20,000 to $50,000, it costs $215. Estates valued at $50,000 to $100,000 require $280. The fee for estates from $100,000 to $250,000 is $420. Estates between $250,000 and $500,000 cost $625. And estates of $500,000 or more require $1,250.
If the will is contested, extra fees apply. Filing objections under SCPA 1410 costs $150. A jury trial demand is $150. A note of issue runs $45. Certified copies of any document cost $6 per page. Searching and certifying a record under 25 years old is $30. Records over 25 years cost $90 to search and certify.
Tip: Fees can be paid by cash, check, money order, or credit card. Some payment methods may not be accepted, so call the court at (518) 285-6100 to confirm before your visit.
Types of Probate Court Records in Albany County
Albany County Surrogate's Court handles several types of cases. Probate proceedings happen when someone dies with a valid will. The executor named in the will files a petition, and the court verifies the will meets the requirements under SCPA Article 4. The executor must submit the original will. Copies are not accepted.
Administration proceedings apply when there is no will. The court appoints an administrator based on the order of priority set by New York law. Spouses come first, then children, then parents, and so on. Small estates valued at $50,000 or less can use the voluntary administration process, which is simpler and cheaper. The filing fee for estates under $10,000 is just $45.
The court also handles guardianship proceedings for minors and incapacitated adults, trust proceedings, accountings, and wrongful death actions. Adoption proceedings go through here too, but those records are permanently sealed under court rules. Estate tax returns filed between May 1990 and January 2001 are also sealed. Access to guardianship documents, death certificates filed with the court, and documents with social security numbers is restricted.
Historical Probate Court Records in Albany County
Albany County has probate court records stretching back more than 240 years. The FamilySearch catalog lists probate records from 1780 to 1929 on 512 rolls of microfilm. Wills from 1777 to 1916 are indexed. Letters of administration from 1780 to 1915 are indexed by name. Guardianship records for minors and incapacitated persons are also available.
The Albany County Hall of Records at 250 South Main Street holds additional historical documents. Their collections include naturalization records from 1827 to 1929, Alms House records, tax assessment rolls, and historic maps. The Hall of Records is open for genealogy research by appointment. Call (518) 447-5060 to schedule a visit.
The Albany County Clerk's Office at 16 Eagle Street, Room 128, maintains a Will Index. To search for wills online through their system, select "will" in the document description field when searching land records. The Clerk can be reached at (518) 487-5100. Their hours are Monday through Friday, 8:30 AM to 5:00 PM.
Electronic Filing in Albany County
Albany County requires mandatory e-filing for probate and administration proceedings when parties are represented by counsel. The NYSCEF system handles all electronic submissions. Even in proceedings where e-filing is voluntary, attorney-represented cases must use NYSCEF. Self-represented parties can choose whether to file electronically or in person.
E-filing lets you submit papers at any time from anywhere with internet access. The system sends automatic email notifications about filings and court decisions. Credit card payments are accepted. For help with the system, contact the Electronic Filing Resource Center at 646-386-3033 during business hours.
Cities in Albany County
Albany County has several cities and towns. All of them file probate cases at the Albany County Surrogate's Court.
Other communities in Albany County include Bethlehem, Guilderland, and Cohoes. All estate cases go through the Albany County Surrogate's Court at 16 Eagle Street.
Nearby Counties
These counties are near Albany County. If you are not sure which county handles a probate case, check where the deceased person lived. You must file in the right county.