Trust & Estate Lawyer in Monroe County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Monroe County, NY, where wills are probated through Surrogate’s Court under NY Estates, Powers and Trusts Law (EPTL). The firm has 4,739+ documented case results firm-wide. Our New York location serves clients by appointment only.
Trust & Estate Law in New York
New York trust and estate matters are governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes outline the procedures for probate, estate administration, fiduciary duties, and the creation of wills and trusts. The New York estate tax, under Tax Law § 951 et seq., applies a graduated rate of 3.06% to 16% on taxable estates exceeding the exemption amount.
Last verified: March 2026 | Monroe County Supreme Court | NY Senate EPTL
Official New York Legal Resources
Monroe County Estate Procedure
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 EPTL guidelines.
- File the will and petition: The original will and a petition for probate are filed with the Monroe County Surrogate’s Court.
- Appoint the executor or administrator: The court issues letters testamentary to the named executor or appoints an administrator if there is no will.
- Issue citations to interested parties: The court issues formal citations to all heirs, beneficiaries, and creditors.
- Inventory and account for assets: The fiduciary must prepare a detailed inventory and file periodic accountings.
- Pay debts and taxes: Valid debts are paid. NY estate tax returns are due 9 months after death.
- Distribute remaining assets: Remaining assets are distributed to beneficiaries per the will or state law.
Penalties and Consequences
In Monroe County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal of the fiduciary, and estate freezing during will contests.
| Issue | Classification | Financial Impact | Court Action |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate frozen; legal fees | Citation to parties; 12-24 month timeline |
| Breach of Fiduciary Duty | SCPA Violation | Surcharge; personal liability | Removal; accounting required |
| NY Estate Tax Non-Filing | Tax Law § 951 et seq. | Penalties & interest on full estate value if over 105% of exemption | Tax lien; collection action |
Results may vary. Each case depends on its unique facts and circumstances.
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 attorney experience to trust and estate matters in New York. Global advocacy. Local precision.
Case Results
Firm-wide across VA, MD, NJ, NY, and DC, Law Offices Of SRIS, P.C. has 4,739+ documented case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation
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.
Trust & Estate lawyer near Monroe County 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 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 to 24 months in Monroe County. For small estates valued under $50,000, an expedited small estate affidavit process is available, which can significantly shorten the timeline.
What are the executor commissions in New York?
Executor commissions in New York are set by statute under SCPA § 2307. The commission is calculated as a percentage of the estate’s value and is considered compensation for the executor’s services.
When is a New York estate tax return due?
A New York estate tax return is due 9 months after the date of death. It is crucial to file on time to avoid penalties and interest, which can be substantial.
What happens during a will contest in New York?
During a will contest, the estate is typically frozen while the Surrogate’s Court examines the validity of the will. These proceedings can last 12-24 months and involve citations issued to all interested parties.
Related Legal Resources
Last verified: March 2026. Information current as of 2026-02-20. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.