Trust & Estate Lawyer in Monroe County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Monroe County, governed by NY Estates, Powers and Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). Our firm, founded in 1997 by former prosecutor Mr. Sris, has 4,739+ documented case results firm-wide. We handle probate, will contests, estate tax planning, and fiduciary litigation in the Monroe County Surrogate’s Court.
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 a graduated rate of 3.06% to 16% on taxable estates exceeding the exemption amount, which is $7.35 million for 2026. A unique “cliff effect” means estates exceeding 105% of the exemption are taxed on the entire value.
Last verified: March 2026 | Monroe County Supreme Court | NY Senate EPTL
Official Legal Resources
Estate Administration in Monroe County Surrogate’s Court
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. The process is formal and document-intensive.
- File the will and petition: File the original will and a petition for probate with the Monroe County Surrogate’s Court. Pay the filing fee based on estate value.
- Serve citation to interested parties: The court issues a citation to all interested parties (heirs, beneficiaries, creditors), giving them notice and an opportunity to object.
- Appoint executor/administrator: If no objections are filed, the court appoints the executor (named in will) or administrator (if no will) and issues letters testamentary or letters of administration.
- Inventory and manage assets: The fiduciary must inventory all estate assets, manage them, pay valid debts and expenses, and file any required estate tax returns within 9 months of death.
- Account and distribute: Prepare and file a final accounting with the court for approval. Once approved, distribute the remaining assets to the beneficiaries and close the estate.
Consequences in Trust & Estate Matters
In Monroe County, trust and estate matters involve significant financial and legal consequences, including estate taxes, fiduciary surcharges, and frozen assets during litigation.
| Issue | Classification / Standard | Financial Impact | Legal Impact |
|---|---|---|---|
| NY Estate Tax | Taxable estate over $7.35M (2026) | 3.06% – 16% tax on entire estate if over 105% of exemption (cliff effect) | Return due 9 months after death; penalties for late filing |
| Breach of Fiduciary Duty | Violation of EPTL standards | Surcharge (monetary penalty) for losses to estate | Removal as executor/trustee by Surrogate’s Court |
| Will Contest | Objection during probate | Estate assets frozen; legal fees incurred | Probate timeline extended to 12-24 months |
| Executor Commission | Statutory under SCPA § 2307 | Percentage of assets received and paid out | Set by law; requires court approval of accounting |
Results may vary. The outcomes described are examples and are not a aim for of any specific result in your 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 attorney experience to trust and estate matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to serving clients in Monroe County and across New York.
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’ under Tax Law § 951 et seq.: if the taxable estate exceeds 105% of the exemption, the entire estate is taxed, not just the excess.
How long does probate take in Monroe County Surrogate’s Court?
Probate typically takes 12 to 24 months in Monroe County Surrogate’s Court. The timeline depends on estate complexity, creditor claims, and whether a will contest is filed. Small estates under $50,000 can use an expedited affidavit process.
What are the executor’s fees in New York?
Executor commissions in New York are statutory under SCPA § 2307. The fee is calculated as a percentage of the estate assets received and paid out. The exact percentage schedule is set by law and is not negotiable unless all beneficiaries consent.
Can I contest a will in Monroe County?
Yes. You can contest a will in Monroe County Surrogate’s Court by filing objections during probate. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. A contest freezes estate distribution and typically extends the timeline to 12-24 months.
What happens if a fiduciary breaches their duty in New York?
A fiduciary (executor or trustee) who breaches their duty in New York can face a surcharge (monetary penalty), removal by the Surrogate’s Court, and personal liability for losses to the estate or trust under the Estates, Powers and Trusts Law (EPTL).
Serving Monroe County, NY
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. As 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, 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
Related Legal Resources
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.