Someone You Loved
Left a House Behind.
Here’s What
Happens Next.
What Is Probate New York State — Erie County Surrogate’s Court Buffalo — Executor Guide
The house is still there. The name on the deed hasn’t changed. Before anything can be sold, transferred, or resolved — the Erie County Surrogate’s Court has to be involved. This guide explains exactly why, and what to expect.
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.
In Plain English
Probate is the court-supervised legal process that handles a person’s estate after they die. It validates the will, appoints someone to manage the estate, ensures debts are paid, and distributes what remains to the right people. In New York State, that process runs through the Surrogate’s Court — one per county. For Erie County, that’s 92 Franklin Street, 2nd Floor, Buffalo NY 14202.
Most people encounter probate for the first time after losing a parent — and typically when there’s a house involved. The house is still standing. The lights may still be on. But until a judge at the Erie County Surrogate’s Court formally appoints someone to act for the estate, nobody has legal authority to sell it.
New York State probate is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates Powers and Trusts Law (EPTL). It is a matter of public record — once a will is filed, it becomes accessible to interested parties. The estate inventory, creditor claims, and accountings are all court filings.
What It Does and Why It Matters
New York’s Surrogate’s Court is a specialized court for estates — every county has one. The Erie County Surrogate’s Court handles everything for properties and decedents connected to Buffalo and Erie County: validates wills, appoints executors, approves real estate sales, hears will contests, and approves final accountings before assets are distributed to beneficiaries.
All documents must be e-filed through NYSCEF (New York State Courts Electronic Filing). Original wills and death certificates cannot be e-filed — they must be physically submitted. Legal notices must be published in the Buffalo News. Filing fees run from $45 for small estates to $1,250 for estates over $500,000.
Nothing Moves Without This
Letters Testamentary is a one-to-two page court document that says, officially: this person is authorized to act as executor of this estate. It is issued by Erie County Surrogate’s Court after the will is validated and the executor formally appointed. Until it exists, the executor named in the will has zero legal authority — they cannot sign a deed, accept an offer, authorize a closing, or even open an estate bank account.
Title companies will refuse to insure any real estate transaction without certified copies. Obtaining Letters Testamentary is the first and most critical step for any executor dealing with Buffalo estate real estate.
Once Letters Testamentary are in hand — call NCB at (716) 557-7005. We make a cash offer in 24 hours and begin preparing for closing while court approval for the specific sale is being obtained. We have worked with executors in Erie County through this exact process since 2013. We work within the court’s timeline, not against it. See the 8-step probate selling guide →
Have to Go Through Court?
Not all assets require probate. Whether a Buffalo property must go through Erie County Surrogate’s Court depends entirely on how it was owned at the time of death.
- Real estate solely in the deceased’s name
- Individual bank accounts with no beneficiary named
- Personal property — furniture, vehicles, jewelry
- Investment accounts without TOD designation
- Business interests held in the deceased’s name alone
- Real estate in joint tenancy with right of survivorship
- Life insurance with a named beneficiary
- IRA, 401k with a named beneficiary
- Bank accounts with POD designation
- Assets held in a living trust
The most common situation NCB encounters: a parent owned a Buffalo home solely in their own name. That property must go through Erie County Surrogate’s Court before it can be sold — regardless of how simple the estate otherwise is. New York’s small estate exception does not apply to real estate. See: Small Estate Probate in New York Under $50,000 →
What Is Probate NY —
FAQ for Families
Does every estate in New York have to go through probate?
No — not every estate requires probate. If the deceased owned no assets solely in their own name, or all assets passed via joint ownership, beneficiary designations, or a living trust, probate may not be necessary. However, if the deceased owned real estate solely in their own name in Buffalo or Erie County, that property requires probate through Erie County Surrogate’s Court before it can be sold or transferred — regardless of the overall size of the estate.
What is Letters Testamentary and why does the executor need it?
Letters Testamentary is the court document officially appointing the executor and granting legal authority to act on behalf of the estate. To obtain it: file a petition at Erie County Surrogate’s Court — 92 Franklin St, 2nd Floor, Buffalo NY 14202 — (716) 845-2560. Submit the original will, original death certificate, and pay filing fees ($45–$1,250 depending on estate size). Original documents must be submitted as hard copies through NYSCEF. In an uncontested estate, Letters Testamentary are typically issued 4–8 weeks after filing. Without them, no real estate can be sold.
Is probate public record in New York?
Yes. Once a will is filed with Erie County Surrogate’s Court, it becomes a public document. The probate petition, inventory of estate assets, creditor claims, and accountings are all court filings accessible to interested parties. For executors managing sensitive family situations — the existence of the estate, the property involved, and the beneficiaries named in the will all become part of the public record in Erie County.
How long does probate typically take in Erie County?
A simple uncontested Erie County estate with a straightforward will and cooperative heirs typically takes 7–12 months. The average estate — with some creditor claims, a Buffalo property to sell, and routine NYS tax filings — runs 12–18 months. Contested estates or those with complex assets can run 18 months to several years. See our full guide: How Long Does Probate Take in Erie County →
What happens to the estate property if the executor doesn’t act quickly?
The estate continues to pay carrying costs — property taxes, homeowner’s insurance, utilities, and maintenance — for every month the property sits. These costs reduce the estate’s value dollar for dollar before a single beneficiary receives anything. In a 12-month average probate, carrying costs for a Buffalo property typically run $6,000–$13,000+. The executor is also personally liable for property maintenance — a vacant house in a Buffalo winter creates real risk. Selling to NCB quickly stops this drain. See our carrying cost breakdown: Probate Timeline and Carrying Costs →
What happens to the estate property once probate is complete?
When the Erie County Surrogate’s Court closes the estate, any remaining real property must have been either sold or formally transferred to a beneficiary before that point. If sold to NCB, the estate received cash that was distributed to beneficiaries as directed by the will or court order. If transferred to a beneficiary, a deed was recorded in Erie County transferring ownership. The property’s future is determined within the probate process — not after it closes. See our full probate resource hub for all 23 guides in this series.
Nickel City Buyers — Probate Property Cash Buyers — Buffalo & Western New York 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. Filing fees $45–$1,250. Legal notices published in Buffalo News. 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 and all of Erie and Niagara County. A+ BBB. 5.0 Google. 300+ homes since 2013. Probate Hub →
The House Is Still There.
We Can Help.
When the estate is ready to sell — NCB makes a cash offer in 24 hours and closes in 7–14 days or on your court schedule. No repairs. No commissions.