Eight Steps.
One Court.
Erie County.

Probate is required when the deceased owned real estate solely in their own name or had solely-owned assets without beneficiary designations. For most Buffalo estates where a parent owned a house in their own name, probate at Erie County Surrogate’s Court is required — regardless of overall estate size. If the solely-owned estate is under $50,000 in personal property with no real estate, voluntary administration under SCPA Article 13 may be available. See: Probate vs Non-Probate Assets →

File the original will, original certified death certificate, and probate petition at 92 Franklin Street, 2nd Floor, Buffalo NY 14202 — (716) 845-2560. All documents e-filed through NYSCEF. Original wills and death certificates submitted as hard copies — cannot be e-filed. Filing fees: $45 (under $10K) to $1,250 (over $500K). Court hours: Monday–Friday 9AM–5PM. Bring multiple certified copies of the death certificate — you will need them for purposes beyond the court filing.

The court issues a citation — official notice that a probate proceeding has been filed. Must be personally served on all distributees (those who would inherit under NYS law if there were no will) and all beneficiaries named in the will. A legal notice must also be published in the Buffalo News — the primary newspaper for Erie County legal notices. All distributees then have a deadline to appear and object.

If no valid objections are filed, the court admits the will and issues Letters Testamentary — the executor’s legal authority document. In a straightforward uncontested estate: typically issued 4–8 weeks after the initial filing. A bond may be required unless waived by the will or all distributees consent in writing. This is the moment to call NCB at (716) 557-7005. We begin making an offer and preparing closing documents immediately.

The executor inventories all estate assets. Real property requires a professional appraisal establishing fair market value as of the date of death. This appraisal establishes the step-up in basis for tax purposes and provides the benchmark against which any sale price will be evaluated. The fiduciary duty requires fair value — the appraisal protects the executor against beneficiary claims that the property was undersold.

The executor notifies creditors and gives them an opportunity to file claims. In New York, the executor must also notify specific state agencies — NYS Department of Taxation and Finance, Department of Health (Medicaid recovery), and Social Services. Valid claims must be paid from estate assets before distribution to beneficiaries. Selling the real property early generates the cash needed to pay these claims without the executor having to fund them out-of-pocket.

In most NYS estates, the executor must obtain a separate court approval decree before selling estate real property. A petition is filed describing the property, proposed sale terms, and the basis for the price. All beneficiaries receive notice. After court review, the decree authorizing the sale is issued. Contact NCB before this petition is filed — we have a written cash offer and closing documentation ready to close the day the decree is issued. No additional delays. See: 8-Step Probate Selling Guide →

After all creditor claims are paid and all assets handled, the executor files a final accounting with Erie County Surrogate’s Court — a detailed record of every asset received, every payment made, every asset remaining. Beneficiaries review and consent, or the court holds a hearing. Once approved: decree of distribution issued, assets distributed, estate closed. Total typical timeline: 12–18 months for an average Erie County estate.