Erie County Probate Records

Probate records consist of a broad range of legal documents, including wills, letters of administration, petitions, case dockets, estate inventories, appraisals, bonds, and court decrees. These materials detail how a decedent’s assets and liabilities are settled after their passing. In Erie County—just as throughout New York State—an individual’s estate is generally allocated according to the provisions set forth in their last will and testament. If there is no valid will, the estate is distributed in accordance with New York’s intestacy statutes and probate procedures.

In Erie County Surrogate’s Court, three main types of estate proceedings are recognized:

• Probate (When the decedent left a will):
  This process involves validating the will, appointing an executor or personal representative, and ensuring that all assets are distributed according to the decedent’s wishes.
• Administration (When the decedent died intestate or without a will):
  If no will exists, the court appoints an administrator to oversee the estate’s distribution, guided by New York’s intestacy laws (see, e.g., Surrogate’s Court Procedure Act and relevant sections of Estates, Powers and Trusts Law).
• Small Estate/Voluntary Administration:
  This simplified proceeding is designed for estates valued below a certain statutory threshold (currently $50,000 in most circumstances, excluding certain exempt properties). It streamlines the process and reduces court fees for qualifying estates.

Much like other Erie County court records, probate records are invaluable for a variety of purposes. They may help:

• Verify ownership and title during real property transactions.
• Resolve inheritance disputes among heirs or potential heirs.
• Conduct genealogical and historical research.
• Settle legal matters concerning a decedent’s rights and obligations.

Are Probate Records Public?

Yes. Once probate documents are filed with the Surrogate’s Court, they typically become public records. New York Judiciary Law § 255 and Surrogate’s Court Procedure Act (SCPA) § 2501(8) affirm the public’s right to access such court records. However, certain sensitive information may be sealed or redacted to protect individual privacy. This includes but is not limited to, financial account numbers, Social Security numbers, and other personal identifying details. Likewise, public access may be restricted if a record is sealed by court order, is the subject of ongoing litigation, or involves minors or confidential medical information.

What is Probate Court in Erie County?

In Erie County, probate matters fall under the jurisdiction of the Surrogate’s Court. As the county probate court, it oversees and is concerned with any hearing pertaining to:

• Validating wills and ensuring they comply with statutory requirements.
• Appointing executors (when a valid will exists) or administrators (when there is no will).
• Managing disputes regarding estate assets, debts, or beneficiaries.
• Monitoring certain guardianship and adoption proceedings.

Erie County Surrogate’s Court
92 Franklin Street
Buffalo, NY 14202
Phone: (716) 845-2560

This court serves as the primary venue for filing probate petitions, submitting estate documents, and seeking legal guidance on Surrogate’s Court matters. Individuals dealing with an Erie County estate should direct inquiries here to confirm filing requirements, fees, and procedural steps.

Probate Court Case Lookup

In Erie County, the Surrogate’s Court maintains all records relating to probate proceedings. These records can include wills, estate inventories, letters of administration, petitions, and other legal documents. Individuals wishing to review or obtain copies of probate case files can do so through several methods, detailed below.

• WebSurrogate (Statewide Online Service)

WebSurrogate is a free online platform provided by the New York State Unified Court System. It enables public access to basic information regarding estate proceedings filed in Surrogate’s Courts statewide, including those in Erie County. Users can typically search by:

• Decedent’s name
• File number or docket number
• Will search

Through WebSurrogate, inquirers can view docket summaries and see if any documents are publicly available. While some older or sensitive records might not be fully accessible online, WebSurrogate is often the easiest starting point for locating recently filed probate cases at no charge.

• In-Person Request at the Erie County Surrogate’s Court

For persons seeking official, certified copies or needing access to case materials not displayed on WebSurrogate, an in-person request at the Erie County Surrogate’s Court is the most direct approach. The court is located at:

Erie County Surrogate’s Court
Erie County Hall
92 Franklin Street - 2nd floor
Buffalo, NY 14202
Phone: (716) 845-2560
Fax: (716) 845-7565
Email: eriesurrogatehelp@nycourts.gov

When visiting or writing to request probate records, be prepared to provide:

• The decedent’s full legal name
• The date of death (if available)
• The case or file number, if you have it

The New York State Archives can sometimes be a resource for older Erie County probate files that may not be digitized. The State Archives maintains historical court records under its Probate Pathfinderinitiative, which helps researchers locate and request copies of older wills and estate documents. Availability can vary by date range, so contact the State Archives for guidance on accessing historical probate materials.

How to Find Probate Records Online Free

To locate probate records online at no cost, start with WebSurrogate. This user-friendly platform allows:

• Name-based searches (search by the decedent’s name)
• File number searches (if a docket number is known)

It offers case summaries that detail basic information about estate proceedings. Not every document will be fully viewable online (especially if it contains sensitive information, falls under a sealed case, or is particularly old), but WebSurrogate is the primary go-to resource for free electronic case lookups.

How Long Does Probate Take in New York?

The timeframe for probate in New York State, including Erie County, can vary significantly. Key factors include the complexity of the estate, whether disputes arise, and how quickly beneficiaries can be located. One foundational guideline is the 7-month creditor claim period mandated by Surrogate’s Court Procedure Act § 1802 (SCPA § 1802). During this time, creditors must file claims against the estate before final disbursement of assets can occur. As a result, a straightforward estate proceeding with minimal complications generally takes at least seven months.

Additional factors that can extend probate include:

• Will contests or beneficiary disputes
• Pending estate or inheritance tax considerations
• Difficulties locating heirs
• Court scheduling delays
• Unclear or challenging asset valuations

Are Wills Public Record?

In New York State, including Erie County, a will (often called a “Last Will and Testament”) is generally confidential while the testator (the person who created the will) is still alive. Under normal circumstances, no third party aside from the testator, the testator’s attorney, or the named executor has a right to review the will during the testator’s lifetime. This confidentiality aligns with the principle that an individual’s private testamentary intentions should remain protected until death.

However, once the testator dies and the will is submitted to the Surrogate’s Court for probate, it typically becomes a matter of public record. This principle is governed by the New York Surrogate’s Court Procedure Act (SCPA), which requires the filing of the decedent’s original will in the county where the decedent resided or owned property at the time of death (see SCPA § 1402). After the court admits the will to probate, members of the public may view or request copies of the will from the court’s records.

Despite this openness, sensitive information—such as details concerning minor children or specific financial data—may be redacted or sealed in certain cases to protect privacy interests (see SCPA § 2504). This means that although the will itself may be accessible, portions could remain private if ordered by the court.

How to Find Out If Someone Has a Will

To find out if someone has a will in Erie county:

• Contact the Erie County Surrogate’s Court

The Erie County Surrogate’s Court is responsible for probating wills. If the decedent’s will has already been admitted to probate, it should appear in the court’s records.

Record seekers may inquire in person, by mail, or through the court’s online resources. New York’s Unified Court System offers certain searchable databases, sometimes referred to as “WebSurrogate,” that may list probate cases in Erie County.

• Check with the Decedent’s Attorney

Many individuals store their wills with the attorney who helped prepare them. Inquiring with the attorney who handled the decedent’s estate planning may confirm the will’s existence and its location.

• Ask Family Members or Friends

Sometimes, family members or trusted friends keep a copy or know the whereabouts of the original will. It’s often stored in a safe deposit box, home safe, or among other personal documents.

• Search the Decedent’s Personal Effects

If the inquirer has legal authority to access the decedent’s belongings, they may find the will in a secure location at home or stored digitally on a computer or hard drive.

Remember that if the testator is still alive, you generally cannot obtain the will without their explicit consent or a court order in rare circumstances.

Erie County Family Court Case Search

Although the Surrogate’s Court handles most estate-related matters, inquirers may occasionally need information from the Erie County Family Court for issues such as guardianship (particularly if they relate to inheriting from or caring for a minor). In Erie County, Family Court addresses cases involving child custody, visitation, support, guardianship, paternity, adoption, foster care, domestic violence, and related matters. To perform an Erie County family court case search, inquirers may make in-person or mail queries to

Erie County Family Court
One Niagara Plaza
Buffalo, NY 14202
Phone: (716) 845-7400
Fax: (716) 845-2119

New York’s Unified Court System also offers the WebFamilyportal, which allows individuals to search for publicly available family court case information. Record seekers can search by case number, party name, attorney name, or judge.

Many family court cases involve sensitive or confidential information. Under Family Court Act § 166, certain records may be sealed or restricted. Only authorized persons (including parties to the case, their attorneys, or individuals with a court order) may access these sealed files.