Trust & Estate Lawyer in Monroe County, NY
New York Trust & Estate Law
New York trust and estate law involves creating wills and trusts to manage assets during life and after death, and guiding heirs through the probate or administration process in Surrogate’s Court. Key statutes include the NY Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA).
Last verified: March 2026 | Monroe County Supreme Court | NY Senate EPTL
Official Legal Resources
For the full text of New York’s estate laws, refer to the NY Estates, Powers and Trusts Law (official New York Senate website). For Monroe County court procedures and forms, visit the Monroe County Supreme Court website (New York Courts .gov domain).
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 an inventory and accounting. Trust administration follows the terms set in the EPTL.
- File the original will and a petition for probate with the Monroe County Surrogate’s Court to appoint an executor or administrator.
- The court issues citations to all heirs, beneficiaries, and other interested parties, providing them notice of the proceedings.
- The executor must prepare a detailed inventory of all estate assets and file it with the court as required.
- The executor pays valid debts and taxes, manages assets, and addresses any claims against the estate during administration.
- A final accounting is prepared and submitted to the court for approval before the remaining assets are distributed to the beneficiaries.
Penalties and Consequences
In Monroe County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal as executor, and estate tax penalties under NY Tax Law § 951 et seq.
| Issue | Classification | Primary Consequence | Financial Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate Frozen During Litigation | Legal Fees, Delay in Distribution |
| Breach of Fiduciary Duty | SCPA Violation | Surcharge, Removal as Fiduciary | Personal Liability for Losses |
| NY Estate Tax Non-Filing | Tax Law § 951 et seq. | Penalties & Interest | Tax on Entire Estate if Over ‘Cliff’ |
Results may vary. The outcomes described are potential consequences under New York law and depend on the specific facts of each case.
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 estate planning and administration matters. Our approach focuses on clear communication and diligent preparation for Surrogate’s Court proceedings.
Case Results
Law Offices Of SRIS, P.C. has achieved favorable outcomes in estate matters firm-wide across VA, MD, NJ, NY, and DC. Our attorneys work to resolve will contests, guide executors through administration, and develop full estate plans.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local Estate Lawyer Near Monroe County
Our New York location serves clients at Monroe County courts. We are accessible via I-90 (NYS Thruway), I-81, I-390, and Route 17/I-86. We are a trust and estate lawyer near Rochester and the Finger Lakes region.
We serve Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, Gates, and surrounding communities.
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’—if the 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 to 24 months in Monroe County. For small estates valued under $50,000, an expedited small estate affidavit process is available, which can be significantly faster.
What are the executor commission rates in New York?
Executor commissions in New York are statutory and set by SCPA § 2307. The rate is calculated on a sliding scale based on the value of the estate assets received and paid out.
When is a New York estate tax return due?
A New York estate tax return is due nine months after the date of death. It is required for estates whose gross value exceeds the basic exclusion amount, currently $7.35 million.
What happens during a will contest in Surrogate’s Court?
During a will contest, the estate is typically frozen while the court examines the validity of the will. The process involves citations to interested parties, discovery, and can take 12-24 months to resolve.
Related Legal Services
For more information, see our New York Trust & Estate Lawyer hub page. We also assist with business law in Monroe County and civil litigation in Monroe County. Learn more about Mr. Sris’s background and experience.
Last verified: March 2026. Information is current as of the verification date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.