Trust & Estate Lawyer in Monroe County, NY
In Monroe County, wills are probated through the Surrogate’s Court, where an executor is appointed, citations are issued to heirs, and a formal inventory and accounting of the estate is required.
New York Trust & Estate Law
New York’s trust and estate framework is primarily codified in 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 powers of fiduciaries (executors and trustees), and the procedures for probate and estate administration. A key component is the New York estate tax, outlined in Tax Law § 951 et seq., which 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 Legal Resources
Monroe County Surrogate’s Court Process
The Monroe County Surrogate’s Court handles all probate and estate administration matters. The process begins with filing the original will and a petition. The court then oversees the appointment of the fiduciary, the marshaling of assets, payment of debts and taxes, and final distribution to beneficiaries.
- File the will and petition: The executor files the original will and a petition for probate with the Monroe County Surrogate’s Court.
- Serve citations to interested parties: The court issues citations to all heirs, beneficiaries, and potential creditors, giving them notice and an opportunity to object.
- Appoint the executor/administrator: If no objections are filed, the court formally appoints the executor (named in will) or administrator (if no will).
- Inventory estate assets: The executor must identify, secure, and value all estate assets, filing an inventory with the court.
- Pay debts and taxes: Valid creditor claims and all taxes (income, estate) must be paid. A NY estate tax return is due 9 months after death.
- Distribute remaining assets and file final accounting: After debts and taxes are paid, remaining assets are distributed to beneficiaries. A final accounting is filed with the court for approval.
Penalties and Consequences
In Monroe County, failures in estate administration can lead to significant personal liability for the executor or trustee, including surcharges (monetary penalties), removal from their role, and estate distribution being frozen during litigation.
| Issue | Legal Classification | Potential Consequences | Financial Impact |
|---|---|---|---|
| Breach of Fiduciary Duty | Civil Action (SCPA § 719) | Surcharge, Removal, Litigation | Personal liability for losses + legal fees |
| Will Contest | Surrogate’s Court Proceeding | Estate Frozen, Lengthy Litigation | High legal costs, delayed distributions |
| NY Estate Tax Non-Payment | Tax Law Violation | Penalties, Interest, Liens | Tax due + 10-30% penalty + interest |
| Improper Probate Filing | Procedural Defect | Case Dismissal, Delays | Additional filing fees, extended timeline |
Results may vary. The outcomes described are examples and 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 legal experience to complex trust and estate matters. Our approach is grounded in a detailed understanding of New York’s EPTL, SCPA, and estate tax laws.
Frequently Asked Questions
What is the New York estate tax exemption amount?
The New York estate tax exemption is $6.94 million for 2026. Estates valued under this amount generally owe no state estate tax. However, New York has a ‘cliff’ effect: if the 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 in Monroe County typically takes 12 to 24 months. The timeline depends on estate complexity, creditor claims, and whether any disputes arise. Small estates under $50,000 may use an expedited affidavit process.
What happens if someone contests a will in New York?
A will contest freezes estate distribution. The Surrogate’s Court will hold proceedings to determine the will’s validity. Grounds include lack of capacity, undue influence, fraud, or improper execution. These cases can take 12-24 months to resolve.
What are the executor’s fees in New York?
Executor commissions in New York are set by statute (SCPA § 2307). The fee is a percentage of the estate assets received and paid out. It is typically calculated on a sliding scale, such as 5% on the first $100,000.
Do I need a lawyer to probate a will in Monroe County?
While not legally required, the Surrogate’s Court process involves complex filings, citations to heirs, inventory, and accounting. An experienced estate lawyer ensures compliance with NY EPTL and SCPA, avoids delays, and protects the executor from personal liability.
Local Representation in Monroe County
Our New York location serves clients at Monroe County courts. We represent individuals and families throughout the Finger Lakes region, including Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates.
Trust & Estate lawyer near Monroe County. 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.
Related Legal Information
Last verified: March 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.