What to Do When Someone Dies in Monroe County, New York
Probate in Monroe County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Monroe County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Surrogate's Court
Monroe County · 7th Judicial District
Address
Hall of Justice, 99 Exchange Blvd., 5th Floor, Room 541Rochester, NY 14614
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCredit card, Check. Required fees in e-filed cases may be paid either at the court (in person or by mail) or by credit card (Visa/MasterCard) via NYSCEF. A 2.99% credit card transaction fee applies to all electronic payments; there are no user fees for filing via NYSCEF. Checks payable to "Monroe County Surrogate's Court." Fees calculated under SCPA § 2402.
Checks payable to "Monroe County Surrogate's Court"
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Monroe County, probate runs through the Surrogate's Court at Hall of Justice, 99 Exchange Blvd., 5th Floor, Room 541, Rochester. The court sits in the 7th Judicial District. Monroe County uses nycourts.gov for probate e-filing, while most New York counties file through iappscontent.courts.state.ny.us.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New York intestacy law when there is no will.
Most New York estates take 9 months to 15 months to move through this process. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Monroe County
What probate costs in Monroe County, New York comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Surrogate's Court at Hall of Justice, 99 Exchange Blvd., 5th Floor, Room 541, Rochester. The court is part of the 7th Judicial District.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Surrogate's Court (https://www.nycourts.gov/legacyPDFs/courts/7jd/monroe/surrogate/PDFs/Monroe%20County%20Surrogate%20Court%20E%20Filing%20Protocol.pdf). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%SCPA §§ 710, 801, 805Verified Sep 8, 2026View source of estate value annually.
Probate in New York typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Surrogate's Court
If you're handling probate yourself in Monroe County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 7th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Monroe County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants exempt from e-filing
Self-represented (pro se) litigants are exempt from mandatory e-filing per Uniform Rule § 207.4-aa(e)(1). May file in paper format at the court or voluntarily participate in NYSCEF.
Credit card, Check. Required fees in e-filed cases may be paid either at the court (in person or by mail) or by credit card (Visa/MasterCard) via NYSCEF. A 2.99% credit card transaction fee applies to all electronic payments; there are no user fees for filing via NYSCEF. Checks payable to "Monroe County Surrogate's Court." Fees calculated under SCPA § 2402.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Monroe County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Monroe County are recorded with the County Clerk, led by County Clerk Jamie Romeo, at 39 West Main Street, Room 101, County Office Building, Rochester, NY 14614. Phone: (585) 753-1600. Hours: Mon-Fri 9:00 AM - 5:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Recording Office Record
County Clerk
Monroe County · County Clerk · Jamie Romeo
Address
39 West Main Street, Room 101, County Office BuildingRochester, NY 14614
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Monroe County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New York are based on reasonable compensation — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Monroe County firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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 PlanningEstate AdministrationTrust AdministrationProbateand 9 more
Office
100 Meridian Centre Boulevard, Suite 300Rochester, NY 14618
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 PlanningEstate AdministrationProbateElder Lawand 2 more
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 PlanningEstate AdministrationTrust AdministrationProbateand 3 more
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 PlanningEstate AdministrationProbateElder Lawand 4 more
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 PlanningEstate AdministrationTrust AdministrationProbateand 6 more
Office
300 Meridian Centre Boulevard, Suite 110Rochester, NY 14618
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 PlanningEstate AdministrationProbateTax Planningand 2 more
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
Enter estate details
Select your state and enter an estate value to see a detailed cost estimate.
Quick examples:
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
$
Total probate assets (exclude beneficiary-designated accounts)
Can you self-file probate?
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Monroe County Guides
Step-by-step tools for families in Monroe County, New York.
