Trust & Estate Lawyer in Monroe County, NY
New York Trust & Estate Law
New York trust and estate law involves creating and administering wills, trusts, and estate plans under the New York Estates, Powers and Trusts Law (EPTL). Probate occurs through the Surrogate’s Court, which oversees the validation of wills, appointment of executors, and distribution of assets. Key statutes include EPTL for trust creation and SCPA for court procedures.
Last verified: March 2026 | Monroe County Supreme Court | New York State Legislature
Official Legal Resources
- New York Estates, Powers and Trusts Law (EPTL) — Official New York State statute governing wills, trusts, and estates.
- Monroe County Supreme Court — 7th Judicial District — Official court website for Surrogate’s Court procedures and filings.
Monroe County Estate Procedures
In Monroe County, wills are probated through the Surrogate’s Court division of the Supreme Court. The court appoints executors or administrators, issues citations to interested parties, and requires detailed inventory and accounting. Estate administration follows strict statutory timelines, particularly for tax returns and creditor claims.
- File the original will and petition for probate with Monroe County Surrogate’s Court, paying filing fees based on estate value.
- Obtain letters testamentary from the court appointing the executor, who may need to post bond unless waived by the will.
- Serve citations to all interested parties, including heirs and beneficiaries, providing formal notice of the probate proceeding.
- Prepare and file an inventory of all estate assets with the court within required deadlines.
- Pay valid debts, file New York estate tax returns if applicable, and manage ongoing estate administration.
- File final accounting with the court showing all receipts and disbursements before making final distributions to beneficiaries.
Penalties and Consequences
In Monroe County, trust and estate matters involve significant financial consequences including estate taxes at 3.06-16%, executor surcharges for breaches of duty, and potential estate freezing during will contests.
| Issue | Classification | Financial Impact | Timeline Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate frozen during litigation | 12-24 months additional |
| Breach of Fiduciary Duty | SCPA § 2307 | Surcharge, removal, personal liability | Varies by case complexity |
| NY Estate Tax | Tax Law § 951 et seq. | 3.06-16% on taxable estate | Return due 9 months after death |
| Probate Delays | Standard Procedure | Executor commission 2-5% | 12-24 months typical |
Results may vary. Each estate matter depends on 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 legal experience to estate planning and administration matters. With a focus on New York estate law, the firm handles complex cases involving wills, trusts, probate, and estate tax planning.
Case Experience
Law Offices Of SRIS, P.C. has handled estate matters across multiple states. The firm’s experience includes will drafting, trust creation, probate administration, and estate tax planning.
Results may vary. Prior results do not aim for similar outcomes in future cases.
Monroe County Estate Lawyer Near You
Our New York location serves clients at Monroe County courts. We represent individuals throughout the Finger Lakes region, including 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
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 in Monroe County typically takes 12 to 24 months. For small estates under $50,000, you can use an expedited small estate affidavit process to avoid formal probate.
What happens if someone contests a will in New York?
When a will is contested in New York Surrogate’s Court, the estate is typically frozen during litigation. The process can take 12-24 months, and outcomes depend on grounds like undue influence or lack of testamentary capacity.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rate is calculated on a sliding scale based on the estate value, typically ranging from 2% to 5% of the assets administered.
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.
Related Legal Services
- New York Trust & Estate Lawyer — State-wide estate planning and probate services.
- Albany County Trust & Estate Lawyer — Estate services in New York’s capital region.
- Monroe County Business Lawyer — Business succession planning and entity formation.
- Mr. Sris Attorney Profile — Learn more about our founding attorney.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.