Franklin County Probate Court Records Search

Franklin County probate court records are held at the Surrogate's Court in Malone, New York. The court sits at 355 West Main Street and has been keeping estate files since 1808. You can search these records for free through the WebSurrogate portal or make the trip to the courthouse in person. Franklin County is located in the northern Adirondacks near the Canadian border, and the court handles probate of wills, estate administration, guardianship, and other proceedings for all county residents.

Franklin County Surrogate's Court

The Surrogate's Court is the official keeper of all probate court records in Franklin County. The courthouse is on West Main Street in the village of Malone, which serves as the county seat. Franklin County is a large, mostly rural area in the North Country of New York. It borders Canada to the north and the Adirondack Park stretches across much of its southern portion.

Franklin County is part of the 4th Judicial District. The district includes Clinton, Essex, Fulton, Hamilton, Montgomery, Saratoga, Schenectady, St. Lawrence, Warren, and Washington counties. Records here go back to 1808, when the county was formed from Clinton County. The court handles probate of wills, administration of intestate estates, guardianship proceedings, adoption matters, trust issues, and estate accountings. Given the rural nature of the county, many estates involve farmland, timber property, and seasonal homes.

How to Search Franklin County Probate Court Records

There are two ways to search probate court records in Franklin County. You can use the online portal from home or go to the courthouse in Malone. Most people start online.

WebSurrogate is the state's free search tool. It covers Franklin County along with all 62 counties in the state. Search by the name of the deceased person. You can also narrow results by date of death. If you already have a file number, the File Search pulls up the case in seconds. Documents filed on or after February 19, 2014 are viewable online. For anything older, you need to visit the courthouse or request copies by mail.

At the courthouse in Malone, the public can access records during business hours. The staff can help you find cases in the index, but they are not allowed to give legal advice. The Franklin County Clerk's Office also holds land records and a will index that can be useful when researching an estate. When a will is probated and property transfers, both offices end up with related documents.

FamilySearch has microfilmed many of the older Franklin County probate records. These are indexed by surname and available with a free account. The collection includes estate papers from 1808 onward and is a solid resource for genealogy work in the North Country.

Probate Court Records Filing Fees

Fees in Franklin County follow the statewide schedule set by SCPA 2402. The fee is based on estate value. Estates under $10,000 pay $45. From $10,000 to $20,000, the cost is $75. Estates between $20,000 and $50,000 pay $215. From $50,000 to $100,000, it is $280. For $100,000 to $250,000, the fee is $420. Estates from $250,000 to $500,000 cost $625. Over $500,000, the fee is $1,250.

Contested cases cost more. Filing objections under SCPA 1410 is $150. A jury demand runs $150. Certified copies cost $6 per page. Searching and certifying a record under 25 years is $30. For records over 25 years, the fee rises to $90. In a rural county like Franklin, many estates fall in the lower value ranges, so the $45 to $215 fees are common.

Types of Probate Court Records in Franklin County

Franklin County Surrogate's Court handles several types of estate matters. Probate proceedings are filed when someone dies with a will. The executor petitions the court to prove the will under SCPA Article 4. The original will must be handed over. Copies do not count. All interested parties receive notice and can file objections.

Administration proceedings apply when there is no will. The court appoints an administrator from a list of eligible relatives. Spouses are first in line. Then children. Then grandchildren and parents. The administrator collects assets, pays debts, and distributes what remains according to state intestacy rules. Small estates worth $50,000 or less can use the quicker voluntary administration process.

The court also hears guardianship cases for minors and incapacitated adults. Trust proceedings, accountings, and wrongful death actions all come through this court. Adoption cases are filed here too, but adoption records are sealed permanently. Estate tax returns from May 1990 through January 2001 are also sealed. Any document with a Social Security number has restricted access to protect privacy.

Historical Probate Court Records

Franklin County probate records go back to 1808. The county was carved out of Clinton County that year, and the Surrogate's Court began keeping its own files. These early records cover the settlement of the North Country during a period of rapid growth along the Canadian border.

FamilySearch holds microfilmed copies of Franklin County estate papers and wills from the 1800s. The records are indexed by surname. The New York State Archives in Albany may hold additional records from the county's earliest years. Researchers interested in the North Country should also check the Franklin County Historical Society, which has genealogical materials and local history resources that can complement the court's official records.

Electronic Filing in Franklin County

Franklin County uses the NYSCEF system for electronic filing. Cases with attorney representation must file electronically. Self-represented parties may choose to file in person at the Malone courthouse or use the online system.

The NYSCEF system is available at all hours. Submit documents day or night. You get email alerts when papers are filed or the court takes action. Credit card payments are accepted through the system, but regular court fees still apply. For technical support, call the Electronic Filing Resource Center at 646-386-3033.

Communities in Franklin County

Franklin County is rural with no large cities. Malone is the county seat and largest village. Other communities include Saranac Lake (shared with Essex County), Tupper Lake, Chateaugay, and Brushton. All probate matters in the county are handled at the Surrogate's Court at 355 West Main Street in Malone.

Nearby Counties

These counties border Franklin County. Make sure you file probate in the county where the deceased person lived.