What to Do When Someone Dies in Monroe County, New York

How probate works in Monroe County: the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Monroe County Surrogate's Court

Monroe County · 7th Judicial District

Hours

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

Office

Hall of Justice, 99 Exchange Boulevard, 5th Floor, Room 541, Rochester, NY 14614

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysAttorneys e-file through NYSCEF in all administration, probate and related proceedings, including small estates. Guardianship and lifetime trust matters may be e-filed but need not be, and adoptions are outside the program. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may file on paper. On paper: Guardianship (e-filing optional); Lifetime trusts (e-filing optional); Adoption proceedings.

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file. The court's forms page links the statewide and do-it-yourself Surrogate's Court forms.

Accepted payment

  • At the counterCredit card, Check, Money order.Personal checks are not accepted; attorney checks, business (estate) checks, money orders and certified checks are, in person or by mail, payable to "Monroe County Surrogate's Court." Fees in e-filed cases may also be paid by Visa, MasterCard or American Express through NYSCEF, with a 2.99% card fee.

Hearing schedule

  • The estate calendar is called Tuesdays and Thursdays at 9:30 a.m., and the guardianship calendar Wednesdays at 9:30 a.m.

Verified October 16, 2026 · Source

How Probate Works in Monroe County

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 Boulevard, 5th Floor, Room 541, Rochester. The court sits in the 7th Judicial District.

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. Creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.

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 Boulevard, 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 Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in New York are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.

New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Family members 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%Industry surety premium estimate; the bond itself under 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

Probate cases in Monroe County, New York are filed at the Surrogate's Court. The court sits in the 7th Judicial District.

Can You File Without an Attorney?

In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

For a full cost comparison and filing checklist, see the Monroe County Self-Filing Assessment.

Monroe County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Request for Surrogate's Court Action first

Each e-filing begins with a new Request for Surrogate's Court Action (form SC-2) as a standalone document. Certified copies and certificates of appointment are requested on its non-proceeding page and paid when requested.

Source

Document Requirements

Original will after e-filing; unstapling permitted

The original will is scanned and may be unstapled without a staple affidavit, then delivered to the court in hard copy. Both sides of a certified death certificate are e-filed, and no hard copy is needed.

Source

Court Appearances

Appearances on a citation

A cited party who does not oppose the relief need not appear. Self-represented parties may appear on the first return date in person or on Microsoft Teams through the link on the court's calendar page, and attorneys appear in person unless the Surrogate approves a virtual appearance for good cause.

Source

Weather closures

When the Hall of Justice closes for weather, matters on citation and hearings that day are rescheduled, and the clerk's office at 585-371-3310 gives the new date.

Source

Other Requirements

Fingerprinting for guardians and adoptive parents

Proposed guardians and adoptive parents book electronic fingerprinting through IdentoGO at 877-472-6915 using the court's ORI number NY027SC3J and service code 153JT1.

Source

What to Bring

Filed with the opening petition at the Surrogate's Court: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2))N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Monroe County

In New York a death is registered locally, and in Monroe County certified copies of the death certificate are issued by Vital Records Office, Monroe County Department of Public Health as well as by New York State Department of Health - Vital Records Section.

Vital Records Office Record

Local Health Department

Monroe County · Vital Records Office, Monroe County Department of Public Health

Hours

Monday-Friday 9:00 AM-3:30 PM

Office

740 East Henrietta Road, Rochester, NY 14623

Certified copies

By appointment

Fax

1-585-753-5961

Verified November 1, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Monroe County · Monroe County Office of the Medical Examiner

Office

740 East Henrietta Road, Rochester, NY 14623

Mail and offices

Fax

1-585-753-5930

Verified November 1, 2026 · Source

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 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.

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

Fax

1-585-753-1650

Verified October 17, 2026 · Source

Probate Attorneys Serving Monroe County

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, 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.

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 22 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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Legal Sources

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Data sourced from New York statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in New York

Free tools for settling an estate in New York: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for New York.

How Do I Settle an Estate?

Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

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