Find Probate Court Records in Schoharie County

Schoharie County probate court records are maintained at the Surrogate's Court at 290 Main Street in Schoharie, New York. The court has kept estate files since 1795, though some records were damaged during Hurricane Irene in 2011. You can search for cases online through the WebSurrogate portal or visit the courthouse to view files in person. Schoharie County is part of the 3rd Judicial District.

Schoharie County Surrogate's Court

The Surrogate's Court is where all probate court records are filed and kept in Schoharie County. This court handles the probate of wills, estate administration, guardianship proceedings, and adoption cases. It is at 290 Main Street in the village of Schoharie. The mailing address uses PO Box 669, Schoharie, NY 12157. The court is part of the 3rd Judicial District.

Hon. George R. Bartlett III serves as the Surrogate Judge. Records at this court go back to 1795. Schoharie County is one of the smaller and more rural counties in New York, but the court handles the same types of cases as courts in larger counties. The staff can help you with filings, searches, and questions about the process.

One thing to know about Schoharie County is that Hurricane Irene caused flooding in 2011 that damaged some court records. The village of Schoharie was hit hard by the storm. If you are looking for records from certain time periods, some files may have been affected. Contact the court to ask about the status of specific records before making a trip.

How to Search Schoharie County Probate Court Records

There are two ways to search for probate court records in Schoharie County. You can use the free online tool or go to the courthouse.

WebSurrogate covers Schoharie County. You can search by party name and filter by date of death. The File Search is useful when you have a case number. Documents filed on or after February 19, 2014 can be viewed online. For older records, you need to go to the courthouse. Public access computers at the court show unrestricted historical files.

Keep in mind that some records may have been damaged or lost during the 2011 flooding from Hurricane Irene. If you need a specific file from before that date, call (518) 453-6986 first to check if it is still available. The court staff can tell you the status of particular records and suggest other ways to find what you need.

When searching, bring or have ready:

• Full name of the person who died
• Approximate date of death or filing date
• File number if known
• Type of case (probate, administration, guardianship)

Probate Court Records Filing Fees

Filing fees in Schoharie County follow the state schedule under SCPA 2402. The fee is based on the gross value of the estate. Estates under $10,000 pay $45. From $10,000 to $20,000, it is $75. Between $20,000 and $50,000, the fee is $215. Estates from $50,000 to $100,000 cost $280. For $100,000 to $250,000, the fee is $420. Estates from $250,000 to $500,000 pay $625. Estates of $500,000 or more cost $1,250.

Contested cases have added costs. Objections under SCPA 1410 cost $150 to file. A jury trial demand is $150. A note of issue runs $45. Certified copies are $6 per page. Searching and certifying records under 25 years is $30. Records over 25 years cost $90 to search and certify.

Types of Probate Court Records

Schoharie County Surrogate's Court handles several types of estate cases. Probate is for people who die with a valid will. The executor named in the will files a petition. The court checks the will against the rules in SCPA Article 4. Only original wills are accepted.

Administration cases apply when there is no will. The court picks an administrator based on who has priority under New York law. Spouses are first. Children come next, then parents. Small estates worth $50,000 or less can use voluntary administration. This is a quicker and cheaper process that works well for modest estates in a rural county like Schoharie.

The court also handles guardianship for minors and incapacitated adults, trust matters, accountings, and wrongful death claims. Adoption records are permanently sealed. Estate tax returns filed between May 1990 and January 2001 are sealed too. Documents with social security numbers and death certificates filed with the court have restricted access under the court rules that took effect in 2014.

Electronic Filing in Schoharie County

Schoharie County uses the NYSCEF system for electronic filing. Cases with attorney representation must be e-filed for probate and administration proceedings. Self-represented parties have the option to file in person or use the electronic system.

NYSCEF works around the clock. It sends email notifications about filings and court orders. You can pay fees with a credit card. For help, call the Electronic Filing Resource Center at 646-386-3033 during business hours.

Hurricane Irene and Record Damage

In August 2011, Hurricane Irene caused severe flooding in the village of Schoharie. The Schoharie Creek overflowed and water damaged buildings throughout the area, including locations where court records were stored. Some probate court records were affected by the flood waters.

If you are searching for a specific record and it dates from before 2011, there is a chance it may have been damaged or destroyed. The court has worked to restore what it can, but some gaps remain. Call (518) 453-6986 to ask about particular files before making a trip to the courthouse. The staff can let you know if the record you need survived the flood.

For records that were lost, the New York State Archives in Albany may have microfilm copies of older Schoharie County probate records. FamilySearch also has some records on microfilm. These backup copies can fill in gaps left by the flood damage.

Schoharie County Court Resources

Schoharie County government departments work together with the Surrogate's Court. Contact the court directly for the most current information about record availability.

Communities in Schoharie County

Schoharie County is a rural county with no large cities. Communities include Schoharie, Cobleskill, Middleburgh, Sharon Springs, and Richmondville. All estate cases are filed at the Surrogate's Court at 290 Main Street in Schoharie.

Nearby Counties

These counties are next to Schoharie County. You must file in the county where the deceased person was living at the time of death.