Monroe County Probate Records

Monroe County Surrogate's Court Role

Surrogate's Court is New York's probate court. In Monroe County it has jurisdiction over estates, trusts, guardianships, and adoptions. When a person dies, their estate is settled here, whether or not they left a will. The court also appoints guardians and oversees certain trusts. So a probate matter in Monroe County belongs to Surrogate's Court, while a divorce or a major civil case belongs to Supreme Court.

The Seventh Judicial District Surrogate's Court materials provide statewide forms, form checklists, a fee schedule, a glossary, FAQs, and proceeding pages for small estate, probate, administration, guardianship, and adoption. The court sits on the fifth floor of the Hall of Justice in downtown Rochester.

The name throws people off. A Surrogate is the judge who presides over the court, and the word reflects the court's long history of standing in for the deceased to wind up their affairs. The practical point is simple: estate, will, trust, guardianship, and adoption matters all go here, not to Supreme Court and not to Family Court, even though Family Court also touches some child-related issues.

What Surrogate's Court Handles

The court's work centers on what happens to a person's property and the people who depend on them. The list below covers the main proceeding types.

• Probate - proving a will and settling the estate of someone who left one.
• Administration - settling the estate of someone who died without a will.
• Small estate - a simpler track for estates of limited value.
• Guardianship - appointing someone to manage another person's affairs.
• Adoption - confidential proceedings to create a legal parent-child bond.

Trusts and related fiduciary matters also fall to the court. The mix means some files are fully public while others, like adoption, are sealed.

How to Search Surrogate's Court Records

The state runs WebSurrogate for public estate searches across participating counties, and the court system says Monroe is included. You can search by file number, name, or filing detail. For files that are not online or that need certified copies, contact the court directly. The table below shows the WebSurrogate search fields.

For a walkthrough of WebSurrogate alongside the other state portals, the court records page covers the full set of e-Courts tools.

A name search works best when you have the decedent's full name and an approximate date of death. Common names can return several matches, so the file number is the cleaner lookup if you have it. For older estates that predate the online system, or for a certified copy of a will or decree, contact the court at 585-371-3310 or visit Room 541. Staff can locate a file and explain what is available.

What a Monroe County Estate File Shows

A public estate file holds the documents that move an estate from filing to distribution. It identifies the people involved and tracks the court's actions. The list below covers what you can expect to find in an open file.

• Petition - the request that opens the probate or administration case.
• Will - the original will, when the person left one.
• Decree and letters - the court's order and the authority granted to the representative.
• Heir and family information - who stands to inherit.
• Waivers and citations - proof that interested parties were notified.
• Accounting - the record of assets, debts, and distributions.

Sensitive details may be limited even in a public file. Financial account numbers and similar identifiers are commonly protected, just as they are in other court records.

How Probate Works in Monroe County

Probate follows a defined path, and the right track depends on the will and the estate's size. The steps below outline a typical estate.

1. Find out whether the person left a will.
2. Decide whether the estate qualifies as a small estate or needs full probate or administration.
3. File in Monroe County Surrogate's Court, not Supreme Court, using the statewide forms.
4. Provide the death certificate, the will if any, the petition, heir information, and waivers or citations.
5. Pay the applicable Surrogate's Court filing fee.
6. The court issues letters testamentary or letters of administration if it approves.
7. The fiduciary marshals assets, gives notices, pays debts and taxes, accounts, and distributes the property.

Letters are the key document. They give the executor or administrator the legal authority to act for the estate. Without letters, a bank or a buyer will not deal with the representative, so the appointment is the gate that unlocks everything else.

The fiduciary's job does not end with the appointment. That person must gather the assets, notify creditors and heirs, pay valid debts and taxes, keep records, and account to the court before distributing what is left. A guardianship runs on similar duties, with the guardian managing the affairs of a person who cannot manage their own. The court oversees the process and steps in if a fiduciary falls short.

Probate vs Administration vs Small Estate

The three main estate tracks differ by whether there is a will and how much the estate holds. The comparison below sorts them.

Surrogate's Court Fees

Surrogate's Court filing fees are set by the statewide fee schedule, and the main probate and administration fees scale with the size of the estate. A small estate proceeding carries a lower fee. The court publishes its fee schedule, so confirm the current amount for your estate value before filing. The table below shows the fee basis by proceeding.

Larger estates pay a higher filing fee, while a small estate proceeding is the low-cost track for modest estates. Certified and exemplified copies carry their own charges, and the court can tell you the current amount when you file. Because probate fees turn on estate value, the safest move is to check the published schedule for your figure rather than assume a flat amount.

Note: A small estate proceeding can save both time and money when the estate falls under the value threshold set by the statewide rules.

Restricted Surrogate's Court Records

Most estate files are open to the public, but two categories are not. Adoption records are confidential and are not ordinary public case files. Guardianship records can hold confidential medical and financial information, so parts of those files may be restricted. WebSurrogate may show file summaries and downloadable documents for public matters, while access to full documents can depend on the case and any seal.

So an estate search will usually return a public file, but an adoption will not show in public results. For the broader access framework and the sealing statutes, see the public records page.

The reason for the limit is privacy. Adoption records protect a child and a family, and guardianship files often contain medical and financial detail about a vulnerable person. A nonparty who needs access to a restricted file generally has to ask the court for permission, and the court weighs the request against the privacy interests at stake.

Surrogate's Court Location and Contact

The court keeps its files at the Hall of Justice, the same downtown building that houses most of the county's trial courts. Walk-in requests, certified copies, and filings go to the court on the fifth floor. The contact card below has the details.

Testator

A person who makes a valid will.

Executor

The person named in a will to settle the estate.

Intestate

Dying without a valid will.

Guardianship

A court appointment to manage another person's affairs.

Fiduciary

A person appointed to manage estate, trust, or guardianship duties.

Related Monroe County Records

For marriage and divorce records, see marriage and divorce records. For the office that holds Supreme Court files, see the County Clerk page. For the trial court structure, see Supreme Court. For the search portals, see court records.