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 (2025) with rates from 3.06% to 16%. Monroe County Surrogate’s Court handles all probate and estate matters for the county.
Last verified: March 2026 | Monroe County Supreme Court | New York State Legislature
Official New York Estate Resources
Monroe County Estate Procedures
Probate in Monroe County requires filing with the Surrogate’s Court at 99 Exchange Boulevard in Rochester. The court issues citations to all interested parties, and executors must file an inventory within 9 months of appointment. Estate tax returns are due 9 months after death.
- File the original will and petition for probate with Monroe County Surrogate’s Court.
- Obtain letters testamentary (with will) or letters of administration (without will).
- Notify all interested parties through formal citation service as required by SCPA.
- Inventory all estate assets and file with the court within 9 months.
- Pay valid debts and file federal and New York estate tax returns if applicable.
- Distribute remaining assets to beneficiaries after court approval of final accounting.
New York Estate Tax & Penalties
In Monroe County, estate administration involves statutory executor commissions, potential estate taxes, and fiduciary responsibilities with significant financial consequences for errors.
| Matter | Classification | Timeline | Financial Impact | Additional Consequences |
|---|---|---|---|---|
| Probate Administration | Surrogate’s Court Proceeding | 12-24 months | Executor commissions: 5% on first $100K, 4% on next $200K, 3% on next $700K, 2.5% over $1M (SCPA § 2307) | Estate frozen during process |
| Estate Tax | NY Tax Law § 951 et seq. | Return due 9 months after death | 3.06%-16% on estates over $6.94M (2025); cliff effect at 105% of exemption | Interest and penalties on late filings |
| Will Contest | Surrogate’s Court Litigation | 12-24 months | Legal fees; estate distribution delayed | Family conflict; potential intestacy |
| Breach of Fiduciary Duty | EPTL § 11-1.1 et seq. | Varies by complexity | Surcharge (personal liability); removal as executor | Court supervision; reputational harm |
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. The firm brings over 120 years of combined legal experience to trust and estate matters in New York. Our approach combines global advocacy with local precision for Monroe County clients.
Case Experience
Law Offices Of SRIS, P.C. has 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.
Serving Monroe County
Our New York location serves clients at Monroe County courts. We represent individuals and families 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 rate is graduated based on the estate value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and 2.5% on amounts over $1 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?
If a will is contested, the Surrogate’s Court issues citations to all interested parties. The estate is typically frozen during litigation, which can last 12-24 months. Grounds for contest include lack of capacity, undue influence, or improper execution.
Related Legal Resources
- New York Trust & Estate Lawyer – State hub page
- Albany County Trust & Estate Lawyer – Serving 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.