Trust & Estate Lawyer in Monroe County, NY
New York Trust & Estate Law
New York trust and estate matters are primarily governed by the Estates, Powers and Trusts Law (EPTL), the Surrogate’s Court Procedure Act (SCPA), and the Tax Law. These statutes establish the framework for wills, trusts, probate, estate administration, and the New York estate tax, which applies to estates exceeding $6.94 million (Tax Law § 951 et seq.).
Last verified: March 2026 | Monroe County Supreme Court | NY Senate EPTL
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 throughout New York.
Official New York Legal Resources
Monroe County Surrogate’s Court Procedure
Wills are probated through the Monroe County Surrogate’s Court. The court appoints the executor or administrator, issues citations to interested parties, and oversees the inventory and accounting process. Trust administration follows EPTL guidelines.
- File the original will and petition for probate with Monroe County Surrogate’s Court, paying filing fees based on estate value.
- The court issues citations to all heirs, beneficiaries, and interested parties to provide formal notice.
- The court formally appoints the executor (with a will) or administrator (without a will) to manage the estate.
- Prepare and file a complete inventory of all estate assets with the Surrogate’s Court.
- Pay valid creditor claims and file all required tax returns, including the NY estate tax return if the estate exceeds $6.94 million.
- File a final accounting with the court and distribute remaining assets to beneficiaries per the will or intestacy laws.
NY Estate Tax & Fiduciary Penalties
In Monroe County, estate administration carries specific tax implications and fiduciary responsibilities under New York law.
| Issue | Classification | Financial Impact | Timeline | Additional Consequences |
|---|---|---|---|---|
| NY Estate Tax | Tax Law § 951 et seq. | 3.06% – 16% on taxable estate | Return due 9 months after death | “Cliff effect” — entire estate taxed if exceeds 105% of exemption |
| Breach of Fiduciary Duty | EPTL / SCPA | Surcharge, removal as fiduciary | Varies by proceeding | Personal liability for estate losses |
| Will Contest | SCPA § 1401 | Estate frozen during litigation | 12-24 months typical | Attorney fees, family conflict, delayed distribution |
| Executor Commission | SCPA § 2307 | Statutory percentage of estate | Paid upon court approval | Taxable income to executor |
Results may vary. Estate outcomes depend on specific facts, asset types, and court procedures.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to trust and estate matters. The firm’s tagline, “Global advocacy. Local precision,” reflects its approach to New York estate planning and probate.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate in handled matters.
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 individuals and families throughout the Finger Lakes region.
Serving: Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, Gates and surrounding communities.
Availability: 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 NY estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’ — if the taxable estate exceeds 105% of the exemption, the entire estate is taxed, 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. For small estates under $50,000, an expedited small estate affidavit process is available, which can significantly reduce the timeline.
What are the executor commission rates in New York?
Executor commissions in NY are statutory under SCPA § 2307. The rate is calculated on a sliding scale based on the estate value, typically ranging from 2% to 5% of the estate assets.
When is the NY estate tax return due?
The NY estate tax return is due 9 months after the date of death. This is separate from the federal estate tax return deadline, though they often coincide.
What happens during a will contest in Surrogate’s Court?
During a will contest, the estate is typically frozen. The Surrogate’s Court issues citations to all interested parties, reviews the will’s validity, and may require testimony from witnesses and experts.
Related Legal Resources
- New York Trust & Estate Lawyer — State hub page
- Albany County Trust & Estate Lawyer — Nearby locality
- Monroe County Business Lawyer — Related practice area
- Mr. Sris Attorney Profile
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.