Trust & Estate Lawyer in Monroe County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Monroe County, NY, handling wills, probate, and estate tax planning under NY Estates, Powers and Trusts Law (EPTL). The firm has 4,739+ documented results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris, a former prosecutor, leads our estate practice with a focus on New York’s unique estate tax cliff.
In Monroe County, estate matters are handled through the Surrogate’s Court, with probate typically taking 12-24 months and executor fees set by statute under SCPA § 2307.
New York Trust & Estate Law
New York trust and estate law is governed primarily by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes define the creation of wills and trusts, the probate process, fiduciary duties, and estate administration. A critical component is the New York estate tax, which under Tax Law § 951 et seq. imposes a “cliff” where estates exceeding 105% of the exemption ($7.35 million in 2026) are taxed on the entire value, not just the excess. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, applies this statutory framework to protect client assets in Monroe County.
Last verified: March 2026 | Monroe County Supreme Court | NY Senate EPTL
Official New York Legal Resources
Monroe County Surrogate’s Court Process
Wills are probated through the Monroe County Surrogate’s Court. The court appoints an executor or administrator and issues citations to interested parties. An inventory and accounting of estate assets are required by law.
- 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: The court appoints the executor (named in will) or administrator (if no will). This person receives 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.
- Account and distribute: Prepare a final accounting for court approval. Once approved, distribute remaining assets to beneficiaries according to the will or intestacy laws.
Trust & Estate Consequences in New York
In Monroe County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal, and estate tax penalties under NY Tax Law § 951.
| Issue | Legal Classification | Potential Consequences | Financial Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate distribution frozen; extended timeline (12-24 months) | Significant legal fees; potential loss of inheritance |
| Breach of Fiduciary Duty | SCPA Violation | Surcharge (personal liability); removal as fiduciary | Full restitution to estate + attorney’s fees |
| NY Estate Tax Non-Compliance | Tax Law § 951 et seq. | Tax on entire estate if over cliff; penalties & interest | 3.06% to 16% tax rate + penalties |
| Improper Probate | EPTL/SCPA Procedural Defect | Invalidated will; intestate distribution | Loss of intended beneficiary designations |
Results may vary. The outcomes described are not guarantees.
Firm Credentials & Experience
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 New York estate planning, where we handle the state’s unique tax cliff and Surrogate’s Court procedures. Mr. Sris’s background includes personally amending Virginia’s equitable distribution statute, demonstrating a deep understanding of complex property law applicable to multi-state estates.
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 a percentage of the estate’s value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on amounts over $5 million.
Can I challenge a will in New York?
Yes, you can challenge a will in New York Surrogate’s Court by filing a will contest. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. The contest freezes estate distribution and typically extends the probate timeline to 12-24 months.
What happens if a fiduciary breaches their duty in New York?
A fiduciary who breaches their duty in New York can face surcharge (personal financial liability), removal from their role, and potential attorney’s fees. The Surrogate’s Court oversees fiduciary conduct and can order an accounting and restitution to the estate.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our favorable outcome rate is 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Monroe County Trust & Estate Lawyer Near You
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 Rochester, NY. We serve the Monroe County area and surrounding communities including 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 Services
- New York Trust & Estate Lawyer – Parent hub page.
- Albany County Trust & Estate Lawyer – Serving a nearby locality.
- Monroe County Business Lawyer – Related practice area in Monroe County.
- Mr. Sris Attorney Profile
- New York Law Location
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.