Monroe County Probate Guide: Surrogate's Court, Fees & Process (2026)

Overview

Monroe County is located in the Finger Lakes region of western New York, with Rochester as its county seat and largest city. The Monroe County Surrogate's Court handles all estate matters for individuals domiciled in the county at the time of death, including probate of wills, administration of intestate estates, guardianships, and accountings.

Probate in Monroe County is governed by the Surrogate's Court Procedure Act (SCPA). The court handles testate proceedings, intestate administration, and voluntary administration for small estates under $50,000. Monroe County is the largest Surrogate's Court in the Rochester metropolitan area.

NYSCEF electronic filing is available in Monroe County for approved case types. The court is located in the Hall of Justice in downtown Rochester.

This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Monroe County Surrogate's Court or a qualified attorney.

Courthouse Information

Monroe County Surrogate's Court

The Monroe County Surrogate's Court is located in the Hall of Justice in downtown Rochester.

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

Phone: (585) 371-3310

Hours: Monday through Friday, 9:00 AM to 5:00 PM

Website: nycourts.gov/courts/7jd/monroe/surrogate

Parking and Access

Parking garages and metered street parking are available in downtown Rochester near the Hall of Justice. The building is accessible by RTS bus routes. Plan for security screening at the entrance.

Filing Process

Step 1: Determine the Proceeding Type

Probate Proceeding (SCPA Article 14): For estates with a valid will.
Administration Proceeding (SCPA Article 10): For intestate estates.
Voluntary Administration (SCPA Article 13): For personal property estates valued at $50,000 or less.

Step 2: Prepare and File the Petition

Gather required documents:

Completed petition for probate or administration
Original will and codicils (if applicable)
Certified death certificate
Filing fee based on estate value
List of all distributees with addresses

File through NYSCEF (for eligible case types), in person at Room 541, or by mail.

Step 3: Citation and Service

The court issues a citation after the petition is filed. All necessary parties must be served. Methods include personal service, certified mail, and publication.

Step 4: Hearing and Letters

The Surrogate reviews the petition on the return date. If approved, Letters Testamentary or Letters of Administration are issued.

Step 5: Administration and Closing

The fiduciary collects assets, pays debts and taxes, files accountings or obtains releases, and distributes to beneficiaries.

Local Requirements

Monroe County-Specific Procedures

NYSCEF e-filing is permitted in Monroe County for approved case types. The court also accepts in-person and mailed filings.
Original wills and death certificates must be submitted in hard copy.
Rochester metro area: Monroe County is the central county of the Rochester metropolitan area. Estates with property in surrounding counties (Livingston, Ontario, Wayne, Seneca) may require coordination with those courts.

Bond Requirements

Bond is required unless waived by the will or by consent of all distributees.

Creditor Notice

The fiduciary should consider publishing a notice to creditors in a Monroe County newspaper to establish a timeframe for creditor claims.

Timeline & Fees

Filing Fees (Monroe County)

Filing fees per SCPA Section 2402:

Under $10,000: $45
$10,000 to under $20,000: $75
$20,000 to under $50,000: $215
$50,000 to under $100,000: $280
$100,000 to under $250,000: $420
$250,000 to under $500,000: $625
$500,000 and over: $1,250

Additional costs:

Certified copies: approximately $6 per copy
Publication of citation: $150-$400
Bond premium: varies

Payment Methods

Contact the court at (585) 371-3310 for accepted payment methods.

Estimated Timelines

Simple estates: 7-12 months
Average estates: 12-18 months
Complex or contested estates: 18 months to several years

Local Resources

Monroe County Surrogate's Court Resources

Court Website: nycourts.gov/courts/7jd/monroe/surrogate
NYSCEF E-Filing Portal: iapps.courts.state.ny.us/nyscef
WebSurrogate (case search): websurrogates.nycourts.gov

Legal Aid and Attorney Referrals

Legal Aid Society of Rochester: (585) 232-4090 -- free legal assistance for qualifying individuals
Monroe County Bar Association Lawyer Referral: (585) 546-2130
Volunteer Legal Services Project: (585) 232-3051

Publication

Rochester Democrat and Chronicle: Primary newspaper for legal notices in Monroe County
Daily Record (Rochester): Legal publication for Monroe County

Frequently Asked Questions

Where is the Monroe County Surrogate's Court?

The Monroe County Surrogate's Court is at 99 Exchange Boulevard, Hall of Justice, 5th Floor, Room 541, Rochester, NY 14614. The court is open Monday through Friday, 9:00 AM to 5:00 PM. The phone number is (585) 371-3310.

How much does probate cost in Monroe County?

Filing fees range from $45 for estates under $10,000 to $1,250 for estates of $500,000 or more, per SCPA Section 2402. Additional costs include publication fees ($150-$400), certified copies, and bond premiums if required.

Does Monroe County have electronic filing for probate?

Yes. NYSCEF e-filing is permitted in Monroe County for approved case types. The court also accepts in-person filings at Room 541 and mailed filings.

How long does probate take in Monroe County?

Simple estates typically take 7 to 12 months. Average estates take 12 to 18 months. Complex or contested estates may take 18 months to several years.

What is the small estate threshold in New York?

Voluntary administration under SCPA Article 13 is available for estates consisting only of personal property valued at $50,000 or less. This simplified process avoids full probate. Real property cannot be transferred through voluntary administration.

Do I need an attorney for probate in Monroe County?

An attorney is not legally required. The court provides forms and staff can answer procedural questions. However, an attorney is recommended for estates involving real property, business interests, or potential disputes. The Monroe County Bar Association offers referrals at (585) 546-2130.

What happens if there is no will in Monroe County?

If a person dies without a will (intestate), a distributee may petition the Monroe County Surrogate's Court for Letters of Administration under SCPA Article 10. New York's intestacy laws (EPTL 4-1.1) determine who inherits. The surviving spouse, children, parents, siblings, and other relatives inherit in a specific order of priority.

Can I search Monroe County estate records online?

Yes. WebSurrogate (websurrogates.nycourts.gov) is a free service provided by the New York State court system that allows you to search estate proceedings and view public records filed with Surrogate's Courts across the state, including Monroe County.

Probate in Monroe County, New York: 2026 Guide