Trust & Estate Lawyer in Ontario County, NY
New York Trust & Estate Laws
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 (2025) with rates from 3.06% to 16%.
Last verified: March 2026 | Ontario County Supreme Court | New York State Legislature
Official Legal Resources
For the complete text of New York estate laws: NY Estates, Powers and Trusts Law (official New York State Legislature). For Ontario County court information: Ontario County Supreme Court website (New York Unified Court System).
Ontario County Estate Procedures
Wills are probated through the Ontario County Surrogate’s Court located in Canandaigua. The court appoints executors or administrators, oversees estate administration, and resolves disputes among beneficiaries.
- File the original will and petition for probate with the Surrogate’s Court.
- The court issues citations to all interested parties including heirs and creditors.
- The court appoints the executor (if named in will) or administrator (if no will).
- The executor inventories assets, pays debts, and files required accountings.
- After court approval, remaining assets are distributed to beneficiaries.
- The estate is closed and the executor discharged by the court.
New York Estate Tax & Penalties
In Ontario County, estate administration involves statutory executor commissions, potential estate taxes, and fiduciary liability for breaches of duty.
| Matter | Classification | Tax/Fee Impact | Timeline | Additional Consequences |
|---|---|---|---|---|
| Estate Tax | Taxable estate over $6.94M | 3.06%-16% graduated rates | Return due 9 months after death | “Cliff effect” taxes entire estate if over 105% of exemption |
| Executor Commission | Statutory (SCPA § 2307) | 2%-5% of estate value | Paid during administration | Must be reasonable; court can reduce if excessive |
| Will Contest | Surrogate’s Court proceeding | Legal fees vary | 12-24 months additional | Estate frozen during contest; possible settlement |
| Breach of Fiduciary Duty | Surrogate’s Court litigation | Surcharge, removal, fees | Varies by complexity | Personal liability for executor/trustee |
Results may vary. Each estate matter depends on specific facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings combined legal experience of over 120 years to estate planning and administration matters. We maintain a commitment to precise, client-focused representation throughout New York’s Finger Lakes region.
Case Experience
Law Offices Of SRIS, P.C. has handled estate matters throughout New York. Our approach focuses on thorough preparation, clear communication with clients and the Surrogate’s Court, and strategic resolution of estate administration issues.
Results may vary. Prior results do not aim for a similar outcome.
Local Estate Law Services
Our New York location serves clients at Ontario County courts in Canandaigua. We represent clients throughout the Finger Lakes region including Canandaigua, Geneva, Victor, Farmington, Manchester, Phelps, Hopewell, Seneca, and East Bloomfield.
Trust and estate lawyer near Ontario County. 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 Ontario County Surrogate’s Court?
Probate typically takes 12 to 24 months in Ontario County Surrogate’s Court. The timeline depends on estate complexity, creditor claims, and whether any will contests or disputes arise among beneficiaries.
What happens if someone dies without a will in New York?
The estate is distributed according to New York intestacy laws (EPTL § 4-1.1). A spouse receives the first $50,000 plus half of the remainder; children receive the other half. An administrator must be appointed by the Surrogate’s Court.
What is the executor’s commission in New York?
Executor commissions in New York are statutory under SCPA § 2307. The commission is calculated as a percentage of the estate assets received and paid out, typically ranging from 2% to 5% based on the estate’s total value.
Can a will be contested in Ontario County Surrogate’s Court?
Yes, a will can be contested on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution. Will contests freeze estate distribution and typically extend the probate process by 12-24 months.
Related Legal Services
For more information about estate planning in New York, visit our New York Trust & Estate Lawyer hub page. We also serve nearby counties including Albany County and Broome County. In Ontario County, we handle related matters such as business law and civil litigation. Learn more about Mr. Sris’s background and experience.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.