Trust & Estate Lawyer in Monroe County, NY
New York Trust & Estate Law
New York trust and estate law is primarily codified in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes govern wills, trusts, probate, estate administration, and fiduciary duties. The New York estate tax, under Tax Law § 951 et seq., applies to estates exceeding $6.94 million with rates from 3.06% to 16%.
Last verified: March 2026 | Monroe County Supreme Court | New York State Legislature
Official New York Legal Resources
For the complete text of New York estate laws: NY Estates, Powers and Trusts Law (official New York State Legislature). For Monroe County court procedures: Monroe County Supreme Court website (New York Unified Court System).
Monroe County Estate Procedures
Wills are probated through the Monroe County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and requires inventory and accounting. Trust administration follows EPTL guidelines.
- File the original will and petition for probate with Monroe County Surrogate’s Court.
- The court issues citations to all heirs, beneficiaries, and potential contestants.
- The court formally appoints the executor named in the will or an administrator.
- The executor inventories, values, and secures all estate assets.
- Valid creditor claims are paid and New York estate tax returns filed if required.
- After court approval of the final accounting, assets are distributed to beneficiaries.
New York Estate Tax & Penalties
In Monroe County, New York estate tax applies to taxable estates over $6.94 million with rates from 3.06% to 16%, and executor commissions are statutory under SCPA § 2307.
| Matter | Classification | Timeline | Fees/Commissions | Tax Impact |
|---|---|---|---|---|
| Probate Administration | Surrogate’s Court Proceeding | 12-24 months | Filing fee based on estate value | NY estate tax if > $6.94M |
| Small Estate Affidavit | Expedited Administration | Expedited | Reduced fees | Same tax rules apply |
| Will Contest | Surrogate’s Court Litigation | 12-24 months | Court costs + legal fees | Estate frozen during contest |
| Executor Commission | Statutory Compensation | Upon completion | 5% on first $100,000 (SCPA § 2307) | Tax deductible to estate |
Results may vary. Each estate matter depends on specific facts and court procedures.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to trust and estate matters. Our tagline reflects our approach: “Global advocacy. Local precision.”
Case Experience
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Monroe County Trust & Estate Lawyer Near You
Our New York location serves clients at Monroe County courts. We represent clients throughout Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only
Phone: (888) 437-7747 | Local: (703) 636-5417
Frequently Asked Questions
What is the New York estate tax exemption for 2026?
The New York estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’ where estates exceeding 105% of the exemption are taxed on the entire estate value, not just the excess amount.
How long does probate take in Monroe County Surrogate’s Court?
Probate typically takes 12-24 months in Monroe County. Small estates under $50,000 can use an expedited affidavit process. Will contests or complex estates may extend this timeline.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rates are: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on amounts over $5 million.
When is the New York estate tax return due?
The New York estate tax return (Form ET-706) is due 9 months after the date of death. Extensions may be available, but interest accrues on any unpaid tax from the original due date.
What happens if someone contests a will in Monroe County?
When a will is contested in Monroe County Surrogate’s Court, the estate is typically frozen during litigation. The court will hear evidence on grounds like undue influence, lack of capacity, or improper execution before determining validity.
Related Legal Resources
New York Trust & Estate Lawyer | Albany County Estate Lawyer | Monroe County Business Lawyer | Attorney Profile: Mr. Sris
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.