Monroe County Probate Court Records

Monroe County probate court records are on file at the Surrogate's Court in Rochester. The court is part of the 7th Judicial District and handles estate matters for anyone who lived in the county at the time of death. You can search these records through the free WebSurrogate portal or visit the courthouse at 39 West Main Street. Monroe County is the largest county in the Finger Lakes region, and County Clerk Jamie Romeo's office provides land records, copy services, and court file access that complement the Surrogate's Court records.

Monroe County Surrogate's Court

The Surrogate's Court is where all probate court records are stored in Monroe County. This court handles the probate of wills, administration of intestate estates, guardianship proceedings, and adoption cases. It is located at 39 West Main Street, Room 101, in downtown Rochester. All visitors must enter through the South Fitzhugh Street or Irving Place entrances.

Monroe County is part of the 7th Judicial District, which also covers Cayuga, Livingston, Ontario, Seneca, Steuben, Wayne, and Yates counties. With over 759,000 residents, Monroe is by far the most populated county in the district. Rochester is the third largest city in New York State, and the volume of estate cases here reflects that.

County Clerk Jamie Romeo oversees the Clerk's Office, which serves as clerk of the Supreme and County Courts. The Clerk's Office is the official registrar of deeds, mortgages, judgments, and liens. It also handles notary services, passport applications, and naturalization records going back to 1821. For probate research, the Clerk's land records and Will Index are important secondary sources.

How to Search Monroe County Probate Court Records

You have several ways to search Monroe County probate court records. Each method works for different situations.

WebSurrogate is the state's free online search tool. It covers all 62 counties, including Monroe. Search by the name of the person who died. You can narrow your results by date of death. Use File Search when you have a case number. Documents filed on or after February 19, 2014 are viewable online. Older probate court records require a visit to the courthouse.

In-person searches at the courthouse give you the full file. You can also search by phone at (585) 753-1600, by fax at (585) 753-1650, or through the online Monroe County Clerk portal. When ordering documents, you need the index number, type of record, filing date, and names of the parties.

For land records tied to estate matters, the Clerk's Office charges 65 cents per page for copies. The minimum charge is $1.30. Certified copies cost $5 for a document up to 4 pages, with extra pages at $1.25 each. A search fee of $5 applies for every two years searched. Payment can be by cash, check, Visa, or Mastercard.

Mail-in requests go to: Monroe County Clerk's Office, 39 W. Main Street, Room 105, Rochester, NY 14614. Include a check payable to Monroe County Clerk. Fax requests go to (585) 753-1650, and the office will call you back with the charge amount.

Monroe County Probate Court Records Fees

Filing fees for probate court records in Monroe County follow the statewide schedule under SCPA 2402. Estates under $10,000 pay $45. From $10,000 to $20,000, the fee is $75. Estates worth $20,000 to $50,000 pay $215. The fee for $50,000 to $100,000 is $280. Estates from $100,000 to $250,000 cost $420. Between $250,000 and $500,000, the fee is $625. Estates at $500,000 or more pay $1,250.

Will contests bring extra fees. Filing objections under SCPA 1410 costs $150. A jury demand is $150. A note of issue is $45. Certified copies run $6 per page from the Surrogate's Court.

The Monroe County Clerk has its own fee schedule for copy services. Regular copies are 65 cents per page ($1.30 minimum). Certified copies from the Clerk are $5 for up to 4 pages. Additional pages cost $1.25 each. A search costs $5 for every two years. These Clerk fees apply to land records and court files, not Surrogate's Court filings specifically.

Types of Probate Court Records in Monroe County

Monroe County Surrogate's Court handles a full range of estate cases. Probate proceedings are for people who die with a valid will. The named executor files a petition and the court verifies the will under SCPA Article 4. Only the original will is accepted.

When someone dies without a will, administration proceedings begin. The court appoints an administrator following New York's priority order. Spouses are first. Then children. Then parents. Small estates valued at $50,000 or less can use voluntary administration, which is simpler and cheaper under SCPA Article 13.

The court also handles guardianship cases for both minors and adults who cannot manage their own affairs. Trust proceedings, accountings under SCPA Article 22, wrongful death matters, and adoption cases are all part of the court's work. Adoption records are permanently sealed. Guardianship files, death certificates, tax returns, and documents with social security numbers have restricted access.

Monroe County recently started accepting Transfer on Death Deeds under Section 424 of the Real Property Law, effective July 19, 2024. These deeds let property owners pass real estate to a beneficiary without going through probate. The Clerk's Office has the forms available.

Historical Probate Court Records in Monroe County

Monroe County was formed in 1821 from Genesee and Ontario Counties. Probate court records here go back to that year. Rochester grew quickly in the 1800s as an industrial center along the Erie Canal and the Genesee River, so the estate records from this period cover a wide range of people and property types.

The Monroe County Clerk maintains naturalization records from 1821 to the present. These can be useful for genealogical research when combined with probate records. The Clerk's Office also keeps the official index of real property, which helps trace land through estate transfers.

FamilySearch has indexed Monroe County probate records on microfilm. The New York State Archives holds records from 1821 through 1929. WebSurrogate shows documents filed on or after February 19, 2014. For anything in between, the courthouse public access terminals are the way to go.

Electronic Filing in Monroe County

Monroe County has a robust e-filing setup through NYSCEF. Attorney-represented cases must e-file for probate and administration proceedings. The county has mandatory e-filing for consumer credit actions and residential foreclosures as well. Some categories like matrimonial filings and CPLR Article 78 proceedings use consensual e-filing.

NYSCEF gives you 24/7 filing access. The system sends email alerts and accepts credit card payments. Multiple attorneys on the same case can view the file at once. For help, call the Electronic Filing Resource Center at 646-386-3033.

Monroe County Court Resources

The Monroe County Clerk's website provides details on records access, copy fees, and filing procedures.

Cities in Monroe County

Monroe County includes Rochester and several large suburban communities. All probate cases file at the Monroe County Surrogate's Court at 39 W Main Street in Rochester.

Other communities in Monroe County include Brighton, Henrietta, Webster, Penfield, and Gates. All estate matters go through the same Surrogate's Court in Rochester.

Nearby Counties

These counties border Monroe County. You must file probate cases in the county where the person was living at the time of death.