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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, clerk contact details, administrative orders, e-filing rules, and hearing logistics for Montgomery County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Montgomery County Probate Court Guide

New York State Unified Court System probate court information · Updated May 2026

518-853-8108County Clerk
Family Guide
Professional Reference
New York State Unified Court System|E-Filing Required|
Case SearchE-File
Jump to:FeesDocumentsFilingDeadlines

Filing & Fees

Fee Schedule Signals

Source ↗

Probate Filing Fees

Filing TypeFee
Small Estate Affidavit
For estates under threshold (no court filing needed)
$1

Note: Voluntary administration filing fee is listed by CourtHelp as $1. Probate and administration filing fees are value-based under SCPA 2402.

Voluntary administration filing fee is listed by CourtHelp as $1. Probate and administration filing fees are value-based under SCPA 2402.

Required Documents

  • Certified death certificate
  • Copy of the paid funeral bill
  • Petition for Letters of Administration from the New York Surrogate's Court forms set
  • Names and addresses of distributees
  • List of known assets and debts
  • Citation, waiver, consent, renunciation, bond, family-tree, or due-diligence materials if required by the form set or court
  • Filing fee based on estate value under SCPA 2402

E-Filing & Filing Methods

Source ↗
E-filing is mandatory
NYSCEFCase SearchProbate Forms

Records portal

Use this county-linked source to check live court-record information when available. Search results may not include every probate record.

Open portal
Searchable, completeness not guaranteed

NY Courts WebSurrogate is used as a statewide file search and document retrieval portal for estate proceedings and other filings in New York State Surrogate's Courts. Treat results as searchable but incomplete, limited to records considered public information, and verify restrictions, record images, and original records with the county Surrogate's Court.

Filing Methods: in person, mail, e file where NYSCEF is available for the county and proceeding

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
7 months

Creditor Claims

Period Starts
case-specific fiduciary authority and claims process
Statute
Verify under SCPA/EPTL for the proceeding

Publication Requirements

Notice to Creditors

Statute
SCPA 1802 and SCPA 1803
Statewide Requirement
Not recorded in cited ordinary claim-presentation sources

No statewide ordinary notice-to-creditors newspaper publication frequency is recorded in the cited New York claim-presentation sources. SCPA 1802 uses a 7-month distribution-risk period after letters first issue, and SCPA 1803 describes written claim presentation. Publication or citation requirements can still arise in specific Surrogate's Court proceedings, including accounting settlement or missing-party notice contexts; verify the case-specific notice path with the county Surrogate's Court or counsel.

Notice of Petition/Administration

  • Interested persons identified by the Surrogate's Court proceeding, petition, citation, or court direction

Related Proceedings

Property Recording

Source ↗
Records Search Property Search

Montgomery County Real Property Tax Service Agency / tax bills and collectors

County Annex Building, PO Box 1500 - 20 Park Street, Fonda, NY 12068-1500

518-853-3996

Tax Collector Tax Search

The county provides tax bills online and tax collector contact resources. Verify current tax amounts with the Treasurer or applicable collector because online bill data may be delayed.