EVERYTHING
RUNS THROUGH
92 FRANKLIN
STREET.
Erie County Surrogate Court Guide Selling Estate Property — Filing Procedures Fees NYSCEF — Buffalo NY
Every probate property sale in Erie County runs through one court at one address: Erie County Surrogate’s Court, 92 Franklin Street, 2nd Floor, Buffalo NY 14202. This is the complete practitioner guide — filing procedures, fees, NYSCEF requirements, bond rules, publication requirements, and exactly how NCB closes on the court’s schedule.
NCB is not a law firm. Educational only — not legal advice. Free referrals: Bar Association of Erie County — (716) 852-8687 · Legal Aid Bureau of Buffalo — (716) 853-9555.
Complete Reference
Filing Fee Schedule
Filing fees are based on the gross value of the estate’s assets. These are the fees for the initial probate petition — additional fees apply for subsequent petitions, including the petition to sell real property.
| Estate Gross Value | Filing Fee | Notes |
|---|---|---|
| Under $10,000 | $45 | Minimum fee |
| $10,000 to $20,000 | $75 | |
| $20,000 to $50,000 | $215 | |
| $50,000 to $100,000 | $280 | |
| $100,000 to $250,000 | $420 | |
| $250,000 to $500,000 | $625 | |
| Over $500,000 | $1,250 | Maximum fee |
Additional fees apply for: filing a petition to sell real property, accountings, citations for additional proceedings, exemplifications, and certified copies. Your estate attorney will provide a full cost estimate based on your specific estate. All fees are paid via check or money order payable to the Erie County Surrogate’s Court. Cash is generally not accepted — confirm with the court clerk.
Must Know Before Filing
NYSCEF (New York State Courts Electronic Filing) is mandatory for Erie County Surrogate’s Court. All documents must be e-filed at nycourts.gov/efile. First-time users must register before filing. Most estate attorneys are already registered in NYSCEF and handle all filing on the executor’s behalf.
The two hard-copy exceptions: Original wills and original death certificates cannot be e-filed and must be submitted as physical documents. These must be delivered in person or mailed to Erie County Surrogate’s Court at 92 Franklin Street, 2nd Floor, Buffalo NY 14202. Do not submit copies — the court requires the originals. Keep multiple certified copies of the death certificate for other estate purposes (bank accounts, title company, insurance, etc.).
Buffalo News publication requirement: All Erie County estate proceedings require publication of a legal notice in the Buffalo News — the designated newspaper for Erie County Surrogate’s Court legal notices. The notice must be published for a specified period before the return date on the citation. Your estate attorney arranges publication and files proof of publication with the court through NYSCEF.
Step by Step
Selling estate real property in Erie County requires a separate petition and decree from the Surrogate’s Court — in addition to Letters Testamentary. This is the process.
Required first. No real estate sale can proceed without Letters Testamentary in hand. Contact NCB at this point — (716) 557-7005. We make a cash offer and begin preparing closing documents in parallel with the sale petition process.
A licensed appraiser establishes fair market value in the property’s current condition — typically as of the date of death for tax purposes, and current value for the sale petition. This appraisal is the executor’s fiduciary defense and is required documentation for the court approval petition.
A separate petition is filed with Erie County Surrogate’s Court describing: the property address and legal description, the proposed buyer (NCB), the purchase price, how the price compares to the appraised value, and the basis for the sale. Include NCB’s written cash offer with the petition — this is the specific sale terms the court will approve.
All beneficiaries and distributees receive notice of the petition to sell. They have a period to object. If no valid objections are filed, the court proceeds to issue the decree. If objections are filed, the court schedules a hearing. The executor’s fiduciary documentation — appraisal, NCB offer, carrying cost analysis — supports the petition against objections.
After reviewing the petition and any objections, the Erie County Surrogate’s Court issues a decree authorizing the specific sale to NCB at the specific price. NCB closes in 7–14 days of the decree. All liens are paid at closing from NCB’s purchase price. The estate receives cash. The property transfers to NCB. The court is notified of the closing as part of the ongoing estate administration.
NCB’s role in this process: We make a cash offer the moment Letters Testamentary are issued. We provide written offer documentation your attorney uses in the sale petition. We hold our offer firm throughout the court approval period. We close in 7–14 days of the decree. We have worked with Erie County estate attorneys on this process since 2013. Call (716) 557-7005 to start.
When It’s Required and How to Waive It
New York State requires executors to post a surety bond unless the requirement is waived. Three ways the bond requirement is waived:
1. The will expressly waives the bond requirement. Many well-drafted wills include a clause waiving bond for the named executor. If the will waives bond, no bond is required regardless of other circumstances.
2. All distributees consent in writing to waive the bond. If the will does not waive bond, but all persons who would inherit under intestate succession (distributees) sign a written consent to waive the bond requirement, the court will typically waive it.
3. The estate is small enough that bond would be nominal. In very small estates, the court has discretion. Your estate attorney advises on this option.
When a bond is required, the executor obtains it from an insurance or bonding company. The premium is an estate expense — typically a small percentage of the estate value. The bond is a financial guarantee that the executor will properly administer the estate. Erie County Surrogate’s Court specifies the bond amount when Letters Testamentary are issued.
Erie County Surrogate’s Court —
Practitioner FAQ
Can the executor sell the property directly to NCB without court approval?
In most New York State estates, no — court approval is required before the executor can sell estate real property. The executor must petition Erie County Surrogate’s Court, include the proposed sale terms (NCB’s offer), give all beneficiaries notice, and obtain a decree authorizing the sale. There are limited circumstances where the will’s language may provide independent administration authority, but these are unusual. Your estate attorney confirms what your specific estate requires. NCB is prepared to wait for and close immediately after the court decree.
What happens at 175 Hawley Street in Buffalo and how does it relate to estate property?
175 Hawley Street, Buffalo NY 14202 is the address of the Erie County Hall of Records — where deeds, mortgages, liens, and other recorded real property instruments are maintained. When a probate property is sold, the closing attorney records the new deed at the Hall of Records. The title company conducts the title search against records held at 175 Hawley Street to identify all recorded encumbrances. This is separate from the Surrogate’s Court at 92 Franklin Street, which handles the probate process itself. Both locations are involved in a complete estate real property sale in Erie County.
How long does the court approval petition for the property sale typically take?
After the petition to sell real property is filed with Erie County Surrogate’s Court, the process typically takes 4–12 weeks depending on the court’s calendar, whether any beneficiaries object, and the complexity of the petition. An experienced estate attorney who files a complete, well-documented petition typically sees faster processing. Filing the petition with NCB’s written offer and a professional appraisal demonstrating fair value reduces the likelihood of objections and court questions that delay the proceeding.
Does the executor appear in person at the Surrogate’s Court for the property sale?
For routine sale approval proceedings with no objections, personal appearances at 92 Franklin Street are typically not required — the petition is reviewed by the court administratively through NYSCEF filings. If a beneficiary objects or if the court requires additional information, a hearing may be scheduled at which appearances could be required. Out-of-state executors can often manage the entire process remotely through a Buffalo estate attorney, with limited need to travel to Erie County. Confirm the specific requirements with your estate attorney early in the process.
What if the estate has property in another county in addition to the Buffalo property?
Probate jurisdiction in New York is typically in the county of the decedent’s domicile at death — for a Buffalo resident, that is Erie County Surrogate’s Court. If the estate also has real property in another NYS county, that property can generally be handled in the same Erie County proceeding — the Surrogate’s Court decree authorizing sale would cover all NYS property. If there is property in another state, ancillary probate proceedings in that state may be required in addition to the Erie County proceeding. Your estate attorney handles multi-county and multi-state estate situations.
Can the executor begin negotiating with NCB before Letters Testamentary are issued?
Yes — and we encourage it. While the executor cannot sign a purchase agreement without Letters Testamentary, there is no prohibition on discussing terms, getting a preliminary offer, or building familiarity with the process before the court formally appoints the executor. Many executors contact NCB at (716) 557-7005 immediately after filing the probate petition — before Letters Testamentary are issued. We can discuss the property, provide a preliminary valuation, and be ready with a formal written offer the moment Letters Testamentary are in hand.
Nickel City Buyers — Estate Property Cash Buyers — Erie County NY Since 2013
Nickel City Buyers, LLC is not a law firm. Located at 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215. Phone: (716) 557-7005. Erie County Surrogate’s Court: 92 Franklin St, 2nd Floor, Buffalo NY 14202 — (716) 845-2560 — SurrogateCourt@erie.gov — Mon–Fri 9AM–5PM. Erie County Hall of Records: 175 Hawley Street, Buffalo NY 14202. Filing fees $45–$1,250. Legal notices published in Buffalo News. NYSCEF e-filing mandatory. We serve Buffalo, Cheektowaga, Amherst, Tonawanda, Lackawanna, West Seneca, Hamburg, Orchard Park, Lancaster, Depew, Kenmore, Williamsville, East Aurora, Clarence, Akron, Grand Island, Niagara Falls, Lockport, North Tonawanda, Lewiston, Newfane, Pendleton. A+ BBB. 5.0 Google. 300+ homes since 2013. Probate Hub →
READY WHEN
THE COURT IS READY.
NCB has a cash offer in 24 hours and closes in 7–14 days of the court decree. We work within the Erie County process — not around it.