Monroe County Probate Records

Monroe County Probate court records are legal records created by the local court before and after a person's death to help the court administer the deceased property and assets. After a person passes away, the probate court process ensues, during which the judge approves the terms of their Will and distributes their assets, property, and possessions to beneficiaries once their debt has been settled.

Probate records include wills, estate inventories, letters of testamentary, letters of administration, and other papers connected to the administration and settlement of deceased persons' estates. These documents include details about deceased people's belongings, heirs' identities and relationships, and court cases used to validate wills and settle estates. Probate court documents, among other things, can reveal who held what and when; this information can be helpful in genealogical tracing, historical research, and property disputes. Like other Monroe County court records, probate records are managed by the court where the case is heard.

New York's probate cases are handled at the "Surrogate's Court," a division of the county court of the county where the deceased lived. "estate" refers to all assets, property, and belongings. The court-appointed person is referred to as the "executor".

Are Probate Records Public?

Monroe County probate records are regarded as public documents per the New York Public Records Act. The probate process and the precise rules governing Monroe County probate court records are also considered public records per the state Surrogate's Court Procedure Act (SCPA) and the Estates Powers and Trust Law (EPTL). However, state laws also provide exemptions that prevent certain types of probate records from access. Some Probate court records are exempt in Monroe County because they contain sensitive information, while others are only made public after the decedent in the record dies. Some examples of probate records that are excluded from public access in Monroe County include:

• Wills from open estates
• Mediation reports
• Medical records of the deceased
• Probate information form showing the judge's name in charge of the probate dispute.

Confidential personal information (CPI), such as a person's tax identification number, must also be omitted or redacted from probate records before being filed in the probate court, according to PART 207 of the Uniform Rules for the Surrogate's Court.

What is Probate Court in Monroe County?

The Monroe County Probate Court has the authority to handle legal matters relating to a decedent's estate. Probate court proceedings in Monroe County include administration proceedings when an individual passes away intestate or without a last will and accounting proceedings where the executor or administrator records all financial transactions in a decedent's estate. These proceedings can be amicable or involve disputes and litigation.

Below is the physical location of the Monroe County Probate Court:

Monroe County Surrogate's Court
99 Exchange Blvd.
Hall of Justice
5th Floor
Room 541
Rochester, NY 14614
Phone: (585) 371-3310

Probate Court Case Lookup

There are several official ways to perform a Monroe County probate court case lookup. The Monroe County Surrogate Court provides different channels to access these case records.

Online: Individuals can search for probate court records using the WebSurrogate online portal. WebSurrogate is a free tool that enables users to search files, see records, and obtain papers on probate processes and other filings in the Monroe County Surrogate Courts that are considered public knowledge.

In-person: citizens can visit the probate court office and request probate court records. Records can be searched by completing the records request form in the records room or the lobby of the probate court office.

Inquirers can also use the decedent index on the Monroe County Probate Court official webpage to look up basic information that can be used to search for probate court documents. Information that can be found on the index includes:

• Name of the decedent
• Probate case file number
• Date of death
• Filing date
• Type of probate proceeding

How to Find Probate Records Online Free

A free online search for probate records can be performed on the New York State Unified Court portal or websurrogate. This portal can search instantly for probate files, old indexes, historical Surrogate's Court records, and wills using keywords such as the name of a party, date of death, and file number at no cost.

Additionally, inquirers may lookup probate case information from third-party websites that aggregate information from many government agencies and courts, making it accessible to anyone interested. Some third-party sites offer these records as part of a more extensive public records access service. Paid or subscribed users of these sites usually provide more detailed probate court records.

How Long Does Probate Take in New York?

In New York, the probate process typically takes 9 to 18 months. This covers the period needed to submit the original petition, collect assets, settle debts and taxes, and give the beneficiaries the remaining property. However, the probate procedure may be further delayed if the deceased leaves no will or their Will is contested. Without a Will, it may take some time for the probate court to select an administrator to oversee the estate. It can also take longer to ascertain the Will's legitimacy and settle disagreements if contested. If there are many probate cases in the courts simultaneously, it may take longer for a case to be heard and resolved.

Are Wills Public Record?

Yes, A Will become a public record immediately after filing, meaning everyone with the proper information can access it. In New York, a will is a document that states how an individual's property has to be distributed after they pass away. There are certain restrictions on who can get the right of entry to these documents, but generally speaking, everybody can view a will if they have the deceased's full title and other personal details. However, most persons will make a Will confidential by sealing it via court order or saving it with a personal legal representative.

How to Find Out If Someone Has a Will

Unfortunately, there is no way to search for a Will online in Monroe County. However, eligible individuals can visit the Monroe County Surrogate Court in person and request to search for a Will. Requests for a search will be granted if the requestor is a testator to the Will or if the Will is an older historical document from a closed Will.

Alternatively, inquirers may determine whether a deceased person has a Will by checking the deceased person's safety deposit box or contacting their attorney.

Monroe County Family Court Case Search

In Monroe County, a family court case search can be conducted at the main county clerk's office, a family law courthouse, or by mail inquiry to the court. To facilitate the retrieval of records, the record seeker must have some information, typically a litigant's name or a case number, and must pay assessed fees to obtain copies of the documents. The family court clerk's office is located at the following address:

Main Clerks Office
99 Exchange Blvd.
Hall of Justice
3rd Floor, Room 360
Rochester, NY 14614
Phone: (585) 371-3544
Fax: (585) 371-3585
Email requests:monroefamilycourt@nycourts.gov

Individuals can also look up specific family court records online using the New York Family Court calendar.