Back to New York
Monroe County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Monroe County Surrogate's Court, serving Monroe County, including the city of Rochester |
| Courthouse | Monroe County Hall of Justice, 99 Exchange Boulevard, 5th Floor, Room 541, Rochester, NY 14614 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, Room 541; the court asks that all initial inquiries go to its main line |
| Phone | (585) 371-3310 (the court asks that all initial inquiries go to this number) |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; closed weekends and court holidays |
| Filing fee | Set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more; $1 for a small estate handled by voluntary administration (SCPA Article 13). Uniform in every county (SCPA 2402, uniform statewide, verified July 2026). Paying by credit card through NYSCEF adds a 2.99% transaction fee (Monroe County Surrogate's Court e-filing protocol, updated September 2025) |
| Local forms | New York uses one statewide set of official Surrogate's Court forms in every county, including Form P-1 (Petition for Probate) and Form A-1 (Petition for Letters of Administration); the small estate document is the Affidavit of Voluntary Administration. There is no Monroe County only form set, but the court requires the NYSCEF Request for Surrogate's Court Action form (SC-2) as the first document uploaded with each e-filing |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory in the Monroe County Surrogate's Court for probate, administration, and small estate (voluntary administration) proceedings and related matters. Attorneys must e-file and may opt out only by certifying that they lack the equipment or knowledge needed to e-file (Form SCM-2) or with a court exemption for good cause shown; a self-represented (unrepresented) filer is exempt and may file on paper, in person or by mail. Guardianship and lifetime-trust matters may be e-filed but are not required; adoption proceedings are exempt (Monroe County Surrogate's Court e-filing protocol, updated September 2025) |
| Case search | WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov (coverage varies by county); e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch; the court also publishes a Decedent Index of estate filings, by year, on its website |
| Appearances | The court hears its Surrogate's and guardianship calendars with Microsoft Teams virtual-appearance links; attorneys are expected to appear in person on return dates unless the Surrogate approves a virtual appearance for good cause shown, requested in advance |
| Website | https://www.nycourts.gov/courts/7th-judicial-district/monroe-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Monroe County misstep is filing before you know what the estate holds and which proceeding fits. New York has three ordinary paths: a probate proceeding when there is a will (Surrogate's Court Procedure Act, SCPA, Article 14), an administration proceeding when there is no will (SCPA Article 10), and voluntary administration for a qualifying small estate (SCPA Article 13, SCPA 1301). Which one applies turns on whether there is a will and on the value and type of the assets; the statewide thresholds are covered on the New York state page. A jointly owned Rochester-area home or a beneficiary-designated account often passes outside the estate, so the estate that actually goes through the Surrogate's Court can be smaller than the family expects.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, and parcel of Monroe County real estate, along with every debt, and identify each distributee (the decedent's heirs at law) by name. Only then can you pick the right proceeding, calculate the correct filing fee, and, because most Monroe estates must be e-filed, scan and organize the documents the court will require. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Monroe County Surrogate's Court serves all of Monroe County, including the city of Rochester and the surrounding towns such as Brighton, Greece, Irondequoit, Penfield, Pittsford, Henrietta, and Webster. Every Monroe County probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court in the Monroe County Hall of Justice, 99 Exchange Boulevard. Under New York's venue rule, the proper county is the one where the decedent was domiciled at death (SCPA 205); for a decedent who was not a New York domiciliary but left property in the state, venue lies where the property is located (SCPA 206), which is the basis for an ancillary proceeding. So the estate of a Monroe County resident, or one holding Monroe County real property, is filed at this courthouse.
Monroe is a high-volume upstate Surrogate's Court in the 7th Judicial District. Unlike the New York City borough courts, it takes filings through a single clerk's office rather than department-by-proceeding counters, and it publishes its own e-filing protocol, calendar notices, and virtual-appearance links on its nycourts.gov page. The Surrogate is elected and changes over time, so this page refers to the Surrogate's Court and the assigned part rather than to the sitting judge.
The jurisdiction process
- Confirm venue. The Monroe County Surrogate's Court is the right court when the decedent was domiciled in Monroe County (which includes Rochester) at death (SCPA 205). An out-of-state will already admitted elsewhere, where the decedent left Monroe County property, is handled by an ancillary proceeding (SCPA 206).
- Choose the proceeding and the form. With a will, the named executor files Form P-1, the petition for probate, and the court issues Letters Testamentary (SCPA Article 14). With no will, a distributee files Form A-1, the petition for letters of administration, and the court issues Letters of Administration to the administrator; priority to serve is set by SCPA 1001 (SCPA Article 10). A qualifying small estate uses the Affidavit of Voluntary Administration (SCPA Article 13, SCPA 1301). The statewide thresholds are on the New York state page.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the distributees. Notice is given either by their signed waivers and consents or by a citation the court issues.
- File with the Surrogate's Court. In Monroe, probate, administration, and small estate proceedings must be commenced electronically through NYSCEF, and the NYSCEF Request for Surrogate's Court Action form (SC-2) is uploaded as the first document with each filing. An attorney may opt out only by certifying a lack of the equipment or knowledge needed to e-file (Form SCM-2) or be exempted by the court for good cause shown; a self-represented (unrepresented) filer is exempt from mandatory e-filing and may file on paper, in person or by mail, at the Hall of Justice, Room 541. Before opening a new record, search the decedent's name in NYSCEF so you do not duplicate a file.
- Handle the original will and death certificate. Scan the original will (staples may be removed for scanning without a staple affidavit), then submit the original paper will to the court. E-file the certified death certificate, both sides; no paper copy of the death certificate is required.
- Pay the filing fee. The fee is set by statute on a sliding scale keyed to the estate's value, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more; a small estate handled by voluntary administration is $1 (SCPA 2402, uniform statewide, verified July 2026). Pay through NYSCEF by credit card, which adds a 2.99% transaction fee, or pay at the court in person or by mail (Monroe County Surrogate's Court e-filing protocol, updated September 2025).
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF; the court issues and returns it, and it is served under SCPA 307 with the NYSCEF notice of commencement (Form SCM-1) in a mandatory proceeding.
- Appear if a hearing is set. An uncontested probate or administration is often decided on the papers; a contested matter, such as an objection to probate (SCPA 1410), is heard by the Surrogate. Attorneys appear in person on return dates unless the Surrogate approves a Microsoft Teams virtual appearance for good cause shown; confirm the format and date with the court.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate). Documents that carry a court seal, including the letters and any certificates of appointment, are returned in hard copy; use the Request for Surrogate's Court Action form to tell the court how to return them, by self-addressed stamped envelope, messenger, or lobby pickup.
- Administer and close. Collect the assets, address creditor claims (a fiduciary who distributes more than seven months after letters were issued is protected against claims that were not presented within that seven-month window (SCPA 1802)), account to the interested parties, and distribute.
Forms and documents
Probate forms in Monroe County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Monroe County as in every other county's Surrogate's Court; there is no separate Monroe County form set. The load-bearing filings are Form P-1, the Petition for Probate, used when there is a will, and Form A-1, the Petition for Letters of Administration, used when there is no will. A qualifying small estate is filed on the Affidavit of Voluntary Administration, also called the small estate affidavit. Common companions include the notice of probate, waivers and consents, and the affidavits of attesting witnesses.
Because e-filing is mandatory for most Monroe estates, one Monroe-specific form matters: the court requires the NYSCEF Request for Surrogate's Court Action form (SC-2) as the first document uploaded with each filing, prepared fresh for each submission, and it is also where the filer notes any certified copies or certificates of appointment needed and how the court should return sealed documents. The official statewide forms are published on the Surrogate's Court forms hub at nycourts.gov/surrogates-court-forms. Self-represented filers can also use the New York CourtHelp Do-It-Yourself (DIY) Form programs; the Small Estate DIY program builds a completed Affidavit of Voluntary Administration for a qualifying estate.
The original will is not left to an upload alone. If you e-file, scan the original will (you may remove staples for scanning without a staple affidavit) and then submit the original paper will to the court; the certified death certificate is e-filed on both sides and needs no paper copy.
Local nuance
Monroe County-specific considerations
E-filing is mandatory, with narrow exemptions. NYSCEF e-filing is mandatory in the Monroe County Surrogate's Court for probate, administration, and small estate (voluntary administration) proceedings and related matters. An attorney may opt out only by certifying a lack of the equipment or knowledge needed to e-file (Form SCM-2) or be exempted by the court for good cause shown; a self-represented (unrepresented) litigant is exempt and may file on paper (Uniform Rule 207.4-aa). Guardianship and lifetime-trust matters may be e-filed but are not required, and adoption proceedings are exempt. The court requires the NYSCEF Request for Surrogate's Court Action form (SC-2) as the first document uploaded with each filing.
Original wills and sealed documents travel on paper. Even though most proceedings are e-filed, the original will must be scanned, with staples removed for scanning if needed and no staple affidavit required, and then the original paper will submitted to the court. The certified death certificate is e-filed on both sides and needs no paper copy. Court documents that carry a seal, including the letters and any certificates of appointment, are returned in hard copy by self-addressed stamped envelope, messenger, or lobby pickup.
Virtual appearances run on Microsoft Teams, with in-person the default for attorneys. The court holds its Surrogate's calendar and its guardianship calendar with Microsoft Teams virtual-appearance links published on its calendar page. Attorneys are expected to appear in person on return dates unless the Surrogate approves a virtual appearance for good cause shown, requested in advance. Recording a virtual appearance, by audio, video, or screenshot, is prohibited.
Search before you open a new estate record. The court's e-filing protocol directs filers to search the decedent's name in NYSCEF before creating any new estate record, so an existing file is not duplicated. The court also publishes a Decedent Index, a year-by-year index of estate filings, on its website. Confirm what a search returns before relying on it as a complete record.
One clerk's office handles intake. Unlike the multi-department New York City borough courts, Monroe takes filings through the single office of the Chief Clerk of the Surrogate's Court in Room 541 of the Hall of Justice, and the court asks that all initial inquiries go to (585) 371-3310. The Chief Clerk and staff change over time, so this page refers to the office rather than to a named clerk.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Monroe County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Rochester-area home held by the spouses jointly with right of survivorship, or as tenants by the entirety, generally passes to the surviving spouse outside the estate; the survivor records or presents the death certificate to transfer title. Accounts and property in the decedent's sole name may still need a probate proceeding (Form P-1) if there is a will, or an administration proceeding (Form A-1) if there is not, e-filed with the Monroe County Surrogate's Court. | Asset discovery to separate what passed outside the estate from what did not. Packet generation for the P-1 or A-1 petition and the notice and consent forms, formatted for NYSCEF. A vetted Monroe County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Monroe County and left a qualifying small estate of limited personal property, the child can use voluntary administration (SCPA Article 13, SCPA 1301) on the Affidavit of Voluntary Administration for a $1 filing fee, and the CourtHelp DIY Small Estate program builds the form. Because e-filing is available here, the child can often file from out of state without traveling to Rochester. A larger estate is filed as an administration proceeding (Form A-1). | Asset discovery to confirm the estate fits the small estate path and holds no solely owned real property. Packet generation for the Affidavit of Voluntary Administration or the A-1 petition, formatted for NYSCEF. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | An administration proceeding at the Monroe County Surrogate's Court. Because there is no will, the parent petitions for letters of administration (Form A-1), with priority among distributees set by SCPA 1001, and the court issues Letters of Administration. The administrator then obtains the authority needed to sell the child's Monroe County real property before the deed can transfer, and a contested step is heard by the Surrogate. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Monroe County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Monroe County Surrogate's Court (nycourts.gov/courts/7th-judicial-district/monroe-county-surrogates-court) | The court's own page: address, hours, the e-filing protocol and forms, the Decedent Index, and the calendar and virtual-appearance links |
| New York CourtHelp, When Someone Dies (nycourts.gov/courthelp/WhenSomeoneDies/overview.shtml and /probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates |
| New York CourtHelp DIY Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A free guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| Statewide Surrogate's Court forms (nycourts.gov/surrogates-court-forms) | The official statewide forms, including Form P-1 and Form A-1 |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| Monroe County Law Library (nycourts.gov/office-legal-information/public-access-law-libraries) | The Seventh Judicial District Law Library, Room 525 of the Hall of Justice, 99 Exchange Boulevard: free public access to New York statutes, court rules, and legal research |
| Legal Assistance of Western New York, LawNY (lawny.org) | Free civil legal help for income-eligible Monroe County residents from the Rochester office |
| Monroe County Bar Association Lawyer Referral Service (mcba.org) | Connects the public with a local attorney for a paid initial consultation on an estate or probate matter |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Monroe County estates are handled with the statewide forms, the CourtHelp overviews, and the DIY Small Estate program; a self-represented filer is also exempt from the court's mandatory e-filing and may file on paper. Counsel makes sense when the will is contested or an interested party files objections to probate (SCPA 1410); when the estate is large, taxable, or holds a business interest or out-of-state property; when Monroe County real property must be sold; when the heirs are unknown or hard to prove and a kinship question arises; or when the fiduciary faces a dispute over accounting or removal. Because attorneys here must e-file, counsel also carries the NYSCEF filing. Sunset can connect families to a vetted Monroe County probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Monroe County real estate, business interests, and unclaimed property, so you know the estate's value during estate settlement and can pick the right New York proceeding before you file.
Generate the probate packet. Sunset assembles the Monroe County filing: the petition for probate (Form P-1) or letters of administration (Form A-1), or the Affidavit of Voluntary Administration for a small estate, with the notice and consent forms, formatted for NYSCEF e-filing with the Monroe County Surrogate's Court.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Monroe County probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Monroe County?
With the Monroe County Surrogate's Court, at the office of the Chief Clerk in the Monroe County Hall of Justice, 99 Exchange Boulevard, 5th Floor, Room 541, Rochester, NY 14614. E-filing through NYSCEF is mandatory for most estates, so an attorney files electronically; a self-represented person may file on paper, in person or by mail. The court asks that all initial inquiries go to (585) 371-3310.
Is e-filing required in the Monroe County Surrogate's Court?
Yes, for most estates. NYSCEF e-filing is mandatory in Monroe County for probate, administration, and small estate (voluntary administration) proceedings and related matters. An attorney must e-file and may opt out only by certifying a lack of the equipment or knowledge needed to e-file (Form SCM-2) or be exempted by the court for good cause shown. A self-represented (unrepresented) filer is exempt and may file on paper. Guardianship and lifetime-trust matters may be e-filed but are not required, and adoption proceedings are exempt.
How much does it cost to file probate in Monroe County?
The filing fee is set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, and it is the same in every county (SCPA 2402, verified July 2026). A small estate handled by voluntary administration is $1. Paying by credit card through NYSCEF adds a 2.99% transaction fee; you can also pay at the court in person or by mail.
Do I have to appear in person at the Rochester courthouse?
It depends on the proceeding. An uncontested probate or administration is often decided on the papers. The court hears its calendars with Microsoft Teams virtual-appearance links, but attorneys are expected to appear in person on return dates unless the Surrogate approves a virtual appearance for good cause shown, requested in advance. Confirm the format for your matter with the court.
How do I look up a Monroe County probate case?
Use WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov, though coverage varies by county. E-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch, and the court publishes a Decedent Index of estate filings, by year, on its website. The e-filing protocol directs filers to search the decedent's name in NYSCEF before opening a new matter.
What forms do I use for Monroe County probate?
The official statewide Surrogate's Court forms, the same set used in every county: Form P-1 (Petition for Probate) when there is a will, Form A-1 (Petition for Letters of Administration) when there is not, and the Affidavit of Voluntary Administration for a small estate. They are on the statewide forms hub at nycourts.gov/surrogates-court-forms. In an e-filed Monroe matter, the NYSCEF Request for Surrogate's Court Action form (SC-2) is the first document uploaded with each filing.
How do I file the original will in Monroe County?
The original will is scanned and e-filed with the probate petition; you may remove staples for scanning without a staple affidavit. After e-filing, submit the original paper will to the court, because the court keeps the original. A certified copy of the death certificate is e-filed on both sides and needs no paper copy. Before opening a matter, search the decedent's name in NYSCEF so you do not duplicate an open file.
Is there free help with probate in Monroe County?
Yes. New York CourtHelp (nycourts.gov/courthelp) and its DIY Small Estate program offer free statewide self-help, and the Monroe County law library in the Hall of Justice provides free public legal research. Legal Assistance of Western New York, LawNY (lawny.org), helps income-eligible Monroe County residents, and the Monroe County Bar Association Lawyer Referral Service (mcba.org) connects the public with local attorneys.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.