Montgomery County
Probate Court
In New York, estates are probated in the Surrogate's Court. This page gathers where to file in Montgomery County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Montgomery County
- Handled by
- Surrogate's CourtIn New York, all probate and estate affairs are adjudicated in the Surrogate's Court in each of the 62 counties, presided over by an elected Surrogate Judge. New York enforces strict citation and process service requirements.
- County building
- County Clerk 64 Broadway, Fonda, NY 12068 OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- co.montgomery.ny.usWikidata
- State courts & e-filing
- ww2.nycourts.govCase search: NYSCEF / WebSurrogate (nycourts.gov/courts/nyc/surrogates)
How probate runs in Montgomery County
Six stages, with the New York rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. New York deadline: Must be deposited with Surrogate's Court with reasonable promptness.
- 02
Pick the right track
If the probate estate is under $50,000, a small-estate procedure (N.Y. SCPA Article 13 (§ 1301 et seq.)) may avoid full administration.
- 03
Petition the court
File the petition with the Surrogate's Court for Montgomery County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 7 months from the date Letters Testamentary or Letters of Administration are issued (SCPA § 1802).
- 06
Account and distribute
Pay debts, taxes and fees (N.Y. SCPA § 2307 (Commissions of fiduciaries other than trustees)), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 New York courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
New York rules that apply here
Probate law is state law — these apply in all 62 New York counties.
- Small estates
- $50,000 personal property (excluding exempt family property)N.Y. SCPA Article 13 (§ 1301 et seq.)
- Filing the will
- Must be deposited with Surrogate's Court with reasonable promptness
- Creditor claims
- 7 months from the date Letters Testamentary or Letters of Administration are issued (SCPA § 1802)N.Y. SCPA § 1802
- Executor fees
- Mandatory Statutory Scale: 5% on first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% all amounts over $5M (SCPA § 2307)N.Y. SCPA § 2307 (Commissions of fiduciaries other than trustees) · estimate the fee
- Handwritten wills
- Not recognized without witnesses. New York strictly limits holographic wills ONLY to active military service personnel during armed conflict or mariners at sea (EPTL § 3-2.2). Void 1 year after discharge.
- Estate tax
- Yes — exemption $7.35 million.New York estate tax applies to estates exceeding $7,350,000 (2026 dates of death; $7.16M in 2025; top rate 16%). 'Cliff': if taxable estate exceeds 105% of the exclusion, the exclusion is lost entirely.
- Inheritance tax
- No.No state inheritance tax in New York.
- Typical duration
- 9 to 18 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: tax.ny.gov · nysenate.gov · nysba.org