Estate Planning for Monroe County, New York Property Owners

For most Monroe County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Monroe County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Monroe County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Monroe County property passes through the Surrogate's Court — even simple New York probates run 7+ months and start with $45 in filing fees.

Record a Transfer-on-Death Deed in Monroe County

A transfer on death deed names a beneficiary who receives Monroe County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source.

Create a New York TOD deed →Monroe County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Monroe County are recorded with the County Clerk at 39 West Main Street, Room 101, County Office Building, Rochester, NY 14614. Phone: 1-585-753-1600. Hours: Monday-Friday 9:00 AM-5:00 PM.

The County Clerk charges $45 per document plus $5 for every page. Recording a 2-page transfer on death deed in Monroe County comes to $55. A transfer on death deed is exempt from transfer tax.

Monroe County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Clerk

Monroe County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

39 West Main Street, Room 101, County Office Building, Rochester, NY 14614

Open in Google Maps

Fax

1-585-753-1650

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Monroe County

FirmRochester, NY

Evans Fox LLP

Serves 1 county

Rochester firm whose trust and estate probate and administration group handles Surrogate's Court proceedings for Monroe County families. For an executor the work runs to setting a timeline, identifying the interested parties, ranking creditor priority, accounting to beneficiaries, and filing fiduciary and estate tax returns. Its litigation group takes on will objections and accounting disputes when a proceeding turns contested.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 8 more

Office
100 Meridian Centre Boulevard, Suite 300Rochester, NY 14618

Solo PracticeCanandaigua, NY

Finger Lakes Attorney PLLC

Since 2022 · Serves 2 counties

Canandaigua (Ontario County) solo practice working out of a former Town of Hopewell schoolhouse on Route 5 and 20. Guides Finger Lakes families through estate administration and probate start to finish, and handles wills, health care proxies, powers of attorney, irrevocable asset protection trusts and Medicaid applications. Free consultations in person, by phone or over Zoom.

PracticesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning

Office
3678 State Route 5 and 20Canandaigua, NY 14424
Free consultationVirtual consultations

FirmRochester, NY

Gallo & Iacovangelo, LLP

Serves 1 county

Rochester (Monroe County) firm whose estate group represents executors through administration — addressing disputes, resolving claims, paying estate taxes and distributing assets — and advises individual and corporate trustees on trust administration, distributions and terminations. Founding partner Frank B. Iacovangelo serves as Public Administrator in and for Monroe County.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
180 Canal View BlvdRochester, NY 14623

FirmRochester, NY

Lacy Katzen LLP

Since 1950 · Serves 1 county

Rochester firm in the Legacy Tower downtown, with appointment offices in Pittsford, Greece, Charlotte, Bergen, Canandaigua and Ontario. Its estate administration attorneys take executors and administrators from the Surrogate's Court petition through asset inventory, the seven-month window in which creditors may present claims, estate and fiduciary income tax returns, and the final accounting that closes the estate. The firm dates to 1950 and now has 21 attorneys and 60 support staff.

PracticesEstate PlanningProbateElder LawMedicaid Planningand 3 more

Office
600 Bausch & Lomb PlaceRochester, NY 14604

FirmRochester, NY

McConville Considine Cooman & Morin, P.C.

Since 1979 · Serves 1 county

Rochester firm at Meridian Centre, with appointment-only offices in Penfield, Fairport, and Greece. Its estate administration lawyers guide executors, administrators, and trustees through probate, establishing estate and trust accounts, liquidating assets, and preparing fiduciary accountings, estate tax returns, and fiduciary income tax returns. Also handles will contests and trust disputes, Medicaid planning, and guardianship proceedings.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
300 Meridian Centre Boulevard, Suite 110Rochester, NY 14618

FirmPalmyra, NY

Morell Law, PLLC

Serves 3 counties

Palmyra firm filing for Wayne County families in the Wayne County Surrogate's Court. Morell Law probates wills and handles the administration and settlement of estates, working with the family and beneficiaries to transfer assets and guiding them through the income, estate and gift tax issues that follow a death.

PracticesEstate PlanningProbateTax PlanningBusiness LawReal Estate

Office
224 East Main StreetPalmyra, NY 14522
Free consultation
See all 20 firms serving Monroe County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Data sourced from New York statutes and official state code. How we research.

Forms for Planning Your Estate in New York

Free forms for planning your estate in New York: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for New York.

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Last Will and Testament

In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.

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Codicil to a Will

In New York, a codicil is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonySCPA §§ 103(52), 1406Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.

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HIPAA Release

In New York, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationN.Y. Pub. Health Law §§ 2780(9), 2782(5)(a) (Article 27-F); NY DOH Form DOH-2557 (Rev. 2/11); N.Y. Civ. Rights Law § 79-l(2)(b), (2)(c), (2)(d), (3)(a)Verified Jun 19, 2026View source expressly before a provider releases them.

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Free

Financial Power of Attorney

New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.

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Transfer on Death Deed

In New York, a transfer on death deed is signed before a notaryN.Y. Real Prop. Law 424Verified Oct 19, 2026View source and 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. New York does not recognize a Lady Bird deed.

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Free

Pour-Over Will

In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Tools for Planning Your Estate in New York

Free tools for planning your estate in New York: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for New York and read its answer.

How Do I Sign Estate Documents?

In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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Will My Estate Documents Transfer?

New York recognizes a will signed under the law of the place where it was signedEPTL § 3-5.1(c)Verified Oct 19, 2026View source; a will signed in New York itself needs 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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Trust or Will: Which Costs Less?

In New York, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in New York runs $4,250Estimate: 10 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in New York runs $1,344Estimate: 3 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,688Estimate: 6 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In New York, a parent names a guardian for a minor child in a will or a separate signed writingN.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.Y. SCPA § 1707(2); N.Y. Dom. Rel. Law § 81Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in New York takes 7 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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