Erie County Probate Court Records

Erie County probate court records are maintained at the Surrogate's Court in Buffalo, New York. The court is located at 92 Franklin Street and serves the largest population in Western New York. You can search these records online through the free WebSurrogate portal or visit the courthouse in person to review files and get certified copies. Erie County handles a high volume of estate cases each year, covering Buffalo, Amherst, Cheektowaga, Tonawanda, Hamburg, and dozens of other communities.

Erie County Surrogate's Court

The Surrogate's Court is the home of all probate court records in Erie County. This is one of the busiest Surrogate's Courts in New York State, which makes sense given that Erie County has close to a million residents. The courthouse at 92 Franklin Street in downtown Buffalo sits near other government offices and is easy to reach by car or public transit.

Erie County is part of the 8th Judicial District. The district also includes Allegany, Cattaraugus, Chautauqua, Genesee, Niagara, Orleans, and Wyoming counties. As the largest county in the district, Erie sees a steady flow of probate cases. The court processes probate of wills, administration of intestate estates, guardianship proceedings, trust matters, and adoption cases. E-filing through NYSCEF is mandatory when parties have attorney representation.

The Erie County Clerk's Office works closely with the Surrogate's Court. The Clerk maintains land records, a will index, and other documents that connect to estate proceedings. For related property records, the Clerk can be reached separately.

How to Search Erie County Probate Court Records

Searching probate court records in Erie County can be done online or at the courthouse in Buffalo. The online method is the fastest way to get basic case details. An in-person visit gives you access to the full file and lets you order certified copies right away.

WebSurrogate is the state's free search tool. It covers all 62 counties, including Erie. You can search by the name of the deceased person. The system also lets you filter by date of death to narrow your results. If you have a file number, use the File Search to pull up the case directly. Documents filed on or after February 19, 2014 can be viewed online. For older records, plan a trip to the courthouse at 92 Franklin Street.

The Erie County Clerk's Office also holds records that may be useful. The Clerk keeps a will index and land records that connect to estate proceedings. When someone's will is probated and real property transfers, both the Surrogate's Court and the Clerk's Office end up with related documents. The Clerk's records can fill in gaps that the court file alone might not cover.

To search, you will need:

• Full legal name of the deceased
• Date of death or approximate year
• File number if you have one
• Type of proceeding (probate, administration, guardianship)

Erie County Probate Court Records Fees

Filing fees for probate court records in Erie County follow the statewide schedule set by SCPA 2402. The fee is based on the gross value of the estate. Estates under $10,000 pay $45. Between $10,000 and $20,000, it costs $75. From $20,000 to $50,000, the fee is $215. Estates from $50,000 to $100,000 cost $280. Between $100,000 and $250,000, you pay $420. From $250,000 to $500,000, the fee is $625. Estates over $500,000 cost $1,250.

Contested cases bring extra costs. Filing objections under SCPA 1410 is $150. A jury demand costs $150. A note of issue runs $45. Certified copies are $6 per page. A search and certification for records less than 25 years old is $30, and for records older than 25 years the cost jumps to $90.

Types of Probate Court Records in Erie County

Erie County Surrogate's Court handles a wide range of cases. Probate proceedings are filed when someone dies with a valid will. The named executor petitions the court to admit the will under SCPA Article 4. The original will must be submitted. The court verifies the will was properly signed and witnessed. All interested parties get notice of the proceeding.

When someone dies without a will, an administration proceeding is needed. The court appoints an administrator based on priority set by law. Spouses come first. Children are next. Then grandchildren, parents, and siblings. The process takes longer than probate because the court needs to verify that no will exists and confirm the right person gets appointed.

Small estates valued at $50,000 or less can go through voluntary administration. This is the simplest path. The filing fee for estates under $10,000 is just $45, and the paperwork is minimal. Erie County also sees a good number of guardianship cases, trust proceedings, and accountings given the size of its population. Adoption cases are filed here too, but those records are sealed by law.

Historical Probate Court Records

Erie County was formed in 1821 from Niagara County. Probate records in the county stretch back to the early 1820s. Before that, estate matters for the region were handled in Niagara County. The historical records document the growth of Buffalo from a small frontier town into one of the largest cities in the United States during the 19th century.

FamilySearch holds microfilmed copies of many Erie County probate records. These include estate papers, wills, letters of administration, and guardianship records from the 1800s. The records are indexed by surname and can be browsed online with a free FamilySearch account. The Erie County Clerk's Office also maintains historical land records and a will index that can be useful for tracking property transfers connected to estates.

For researchers working on Buffalo-area families, the Buffalo and Erie County Historical Society is another useful resource. Their library holds genealogical materials, old newspapers, and compiled records that can supplement the official court files. The combination of court records, clerk records, and historical society collections gives you a solid picture of past estate matters in Erie County.

Electronic Filing in Erie County

Erie County requires mandatory e-filing through NYSCEF for probate and administration proceedings when attorneys are involved. This applies to all new filings and subsequent documents in a case. Self-represented parties can still choose to file papers at the courthouse window.

NYSCEF is available around the clock. You can submit documents from anywhere with internet access. The system sends automatic email alerts about filings and court decisions. Credit card payments are accepted. The system itself is free to use, but standard court filing fees still apply. For help setting up an account or troubleshooting, contact the Electronic Filing Resource Center at 646-386-3033.

Cities and Towns in Erie County

Erie County has several major cities and towns. All of them file probate cases at the Erie County Surrogate's Court in Buffalo.

Buffalo is the county seat and largest city. Other large communities include Amherst, Cheektowaga, Tonawanda, and Hamburg. Additional towns such as Lancaster, Orchard Park, West Seneca, and Clarence also fall within Erie County. Every estate case for a person who lived in any of these places goes through the same courthouse at 92 Franklin Street in Buffalo.

Nearby Counties

These counties are next to Erie County. You must file in the county where the deceased person lived. If you are not sure, check the address.