Is it necessary to purchase title insurance when buying a piece of property?

What filing fees and disbursements will be incurred in Real Estate and other civil matters?

HAMILTON COUNTY CLERK'S OFFICE
PO Box 204, Rt 8
Lake Pleasant, NY 12108-0204
518-548-7111
518-548-9740 (Fax)
Quick Fee Sheet

For Deeds, Mortgages, Discharges, Assignments, Miscellaneous Records, Release of Lien of Estate Tax, Adirondack Park Agency Permits

As of January 1, 2006 Cover Sheet Required $5.00 Fee

For all recorded documents:
Base Fee: $25.00 plus $3.00 for each and every page
(Cover page will go on back of document, do not count as a page, but do add an additional $5.00).
- Each additional name over two total on document .50 cents
- Each cross reference .50 cents
TP - 584 Form $5.00 (all grantors/grantees must sign)
RP-5217 Form $75.00 or $165.00 depending upon type of property conveyed (must be original 4 part form, at least one signature of buyer and seller required)
Transfer Tax based on $4.00 per thousand of consideration. (Under $500.00 no tax due) Chart available
Out of state sellers: fee interest: individuals, estates, trusts require IT -2663. FORM IS YEAR SPECIFIC
(Check must be made payable to NY State Income Tax)

Mortgage Tax Rate - Total Tax 1 %
Basic Tax - .50 cents per 100 dollars to the nearest 100th
Special Additional Tax - .25 cents per 100 dollars to the nearest 100th
Hamilton County Tax - .25 cents per $100 dollars to the nearest 100th
No $25.00 Deduction
Mortgage Tax Affidavit (section 253/255) $5.00 in duplicate

Any document that makes reference to a survey, map or plot in the description, that map must either already be on file, or offered for filing, otherwise the papers will be rejected.
Please be sure documents are originals and legible.
(Review your documents carefully - unreadable items will be rejected)
Fax Copies Will Not Be Accepted.
Hamilton County Does Not Give Refunds!!

Other Miscellaneous Documents
Building and Loan Agreement $25.00
Notice of Lending $15.00
UCC 1 Filings (Against Real Property Only) $40.00
File Survey Map $10.00 (Original mylar and one paper copy) Subdivision maps require tax certification and may require AP A, Health Department and Town planning board approval before filing. Mechanic's Lien $15.00 - Affidavit of Service $5.00
File Judgment $10.00, Issue Transcript $5.00, File Satisfaction - No Fee
Copy fees: Prepayment Required - .65 cents per page, $1.30 minimum.
Certified copy fees - prepare and certify - $1.00 per page, $5.00 minimum Certify only .65 cents per page, $5.20 minimum
*Will fax for an additional $1.00 fee plus copies -10 PAGE MAXIMUM

Court Fees
Index Number $210.00 Lis Pendens $35.00
Request for Judicial Intervention $95.00 Note of Issue and RJI together $125.00 Jury Demand $65.00
Note of Issue $30.00
SCAR Petition $30.00
Notice of Appeal $65.00
File Motion or Cross Motion $45.00

Stipulation of Settlement/Voluntary Discontinuance $35.00
Please make separate checks for all court transactions. Even though the action may be titled "Hamilton County Supreme Court", these cases are heard in Fulton County. Some money remains in Hamilton County; some must be submitted with the court papers. Providing separate checks will alleviate having to reject papers.

What fees will be incurred during Surrogate Court Proceedings?

Variable Fee Schedule

The variable fee schedule applicable to proceedings listed in SCPA 2402(1) through (6) is provided in SCPA 2402(7) and reads as follows:

Value of Estate or Subject Matter Fee
Less than $ 10,000
10,000 but under 20,000                                                                    
20,000 but under 50,000
50,000 but under 100,000
100,000 but under 250,000
250,000 but under 500,000
500,000 and over

Fixed Fee Proceedings
SCPA 2402(8)(a) provides a fixed fee for filing a petition to commence certain proceedings, as follows:

SCPA  
607 To punish respondent for contempt
711 Suspend, modify, revoke letters or remove a fiduciary
other than a custodian or guardian
711 Suspend, modify, revoke letters or remove a custodian
or guardian
715 Application of fiduciary to resign
717 Suspend powers–fiduciary in war
1401 Compel production of will
1420 Construction of will
1421 Determination of right of election
1502 Appointment of trustee 
1508 Release against state
1703 Appointment of guardian
2003 Open safe deposit box
2102 Proceedings against a fiduciary  
2103 Proceedings by fiduciary to discover property  
2107 Advice and directions  
2108 Continue business
2114 Review corporate trustee compensation  
2205 Petition to compel fiduciary to account
EPTL
7–4.6 Appointment of successor custodian  

Fee Rate
$ 30.00

$ 75.00

$ 30.00
$ 30.00
$ 30.00
$ 20.00
$ 75.00
$ 75.00
$ 45.00
$ 50.00
$ 20.00
$ 20.00
$ 20.00
$ 75.00
$ 75.00
$ 45.00
$ 10.00
$ 30.00

$ 20.00

SCPA 2402(8)(b) provides that for filing a petition to commence a proceeding for the
appointment of a trustee of a lifetime trust or for the appointment of a conservator, the fee shall be the same as that which is payable in the supreme court pursuant to CPLR 8018.

Fixed Fees for Filing Papers
Fees for filing certain papers are provided in SCPA 2402(9), as follows:

SCPA
502 a demand for trial by jury in any proceeding
1410 objections to the probate of a will
a note of issue in any proceeding
objection or answer in any action or proceeding other than probate
2507 a will for safekeeping except that the court in any county may
reduce or dispense with such a fee
a bond, including any additional bond: less than $10,000
a bond, including any additional bond: $10,000 and over

Fee Rate
$ 150.00
$ 150.00
$ 45.00
$ 75.00

$ 45.00
$ 20.00
$ 30.00

Fees for Certain Services
Fees for certain services are provided in SCPA 2402(10) through (15), as follows:

SCPA 2402   
(10) for furnishing a transcript of a decree
(11) for a certificate of letters evidencing that the appointment
of a fiduciary is still in full force & effect
(12a) for making and certifying or comparing and certifying a
copy of a will or any paper on file or recorded in his office
(12b) Authenticating the same, additional
(13) For searching and certifying to any record for which search
is made (under 25 years)
For searching and certifying to any record for which search is
made (over 25 years)   
(14a) For producing papers, documents, books of record on file
in his office under a subpoena duces tecum, for use within the
county where the office of the court is situated
(14b) For use in any other county, such fee to be paid for each
day or part thereof that the messenger is detailed from the office
and to be in addition to mileage fee and the necessary expenses of
the messenger. The clerk of the court shall not be required to make
any collection or return of the money so paid for expenses   
(15a) for recording any instrument, decree or other paper which is
required by law to be recorded (or part)
(minimum)
(15b) for filing an authenticated copy of a foreign will (or part)
(minimum)
(15c) for taxing bill of costs

Fee Rate
$ 20.00

$ 6.00

$ 6.00 pg.
$ 20.00

$ 30.00

$ 90.00

$ 30.00

$ .30

$ 8.00 pg.
$ 16.00
$ 8.00 pg.
$ 64.00
$ 15.00

Proceedings and Services for Which no Fee Shall Be Charged
SCPA 2402(16) provides that no fee shall be charged in the following instances:
(a) for filing objections of a guardian ad litem, or of a respondent in a proceeding brought
pursuant to SSL 384(b);
(b) for filing a guardian's annual account;
(c) for any certificate or certified copy of a paper required to be filed with the United States
Veterans Administration;
(d) for filing a petition in a proceeding for filing an additional bond, to reduce the penalty of a
bond or substitute a new bond or discharge any bond when no accounting is required;
(e) in respect to the proceedings for the appointment of a fiduciary when the appointment is
made solely for the purpose of collecting bounty, arrears of pay, prize money, pension dues or
other dues or gratuities due from the federal or state government for services of an infant or of a
decedent formerly or now in the military or naval services or to collect the proceeds of a war risk
insurance policy;
(f) to or received from the state of New York or any public agency of the state or any civil
subdivision or agency thereof with respect to a social services official when taking any
proceeding with respect to the estate of a person who was a recipient of benefits from social
services; and
(g) for the filing of a petition for an order granting funds for the maintenance or other proper
needs of any infant or for any certificate or any certified copy of the order on such an
application.
SCPA 2402(17) provides that the fee charged for the filing of a petition shall include the
recording of any decree made in that proceeding which is required by law to be recorded and
shall include the recording of any letters required by law to be recorded.