Probate Attorney Serving Monroe County and the Southern Tier
When someone passes away, the legal process of settling their estate doesn't pause for grief. Bernacki Law handles the probate process from start to finish — so your family can focus on what matters, and the legal burden falls on us.
What Probate Is — in Plain Terms
Probate is the court-supervised process of validating a deceased person's will and overseeing the distribution of their assets to the people named in it. In New York, this process takes place in the Surrogate's Court of the county where the person lived at the time of their death.
For families in Pittsford and Monroe County, that is the Monroe County Surrogate's Court. For families in Belmont, Allegany County, and the Southern Tier, that is the Allegany County Surrogate's Court. John is familiar with both courthouses — their procedures, their staff, and the filing requirements specific to each. That familiarity is not a minor detail. It is what keeps an estate moving through the process efficiently rather than stalled on a procedural misstep.
When a person dies without a will, a related process called intestate succession administration applies. New York's intestacy law determines who is entitled to inherit, and the Surrogate's Court appoints an administrator to carry out the distribution. John handles both probate and intestate administration, and the guidance he provides is the same in either case: a clear process, handled correctly, so the estate closes without unnecessary delay or cost.
What an Executor Actually Has to Do — and How We Help
Being named executor in a loved one's will is an honor. It is also a legal responsibility with real consequences if handled incorrectly. Most executors have never done this before. John has guided many of them through it.
File the Probate Petition
The process begins with filing a petition in the appropriate Surrogate's Court, along with the original will, a death certificate, and supporting documentation. John prepares and files all of this on your behalf.
Notify Heirs and Beneficiaries
New York requires that all interested parties — heirs, beneficiaries, and in some cases creditors — receive formal legal notice of the probate proceeding. John handles this notification process in compliance with Surrogate's Court requirements.
Inventory the Estate's Assets
The executor is responsible for identifying, locating, and valuing the assets that make up the estate. John helps structure this process and advises on which assets pass through probate and which transfer outside of it.
Address Creditors and Outstanding Debts
Before assets can be distributed, valid creditor claims must be identified and resolved. John advises executors on how to evaluate claims, which debts take priority, and how to respond to creditors appropriately under New York law.
File Required Tax Notices and Returns
Depending on the size of the estate and the assets involved, state and federal tax obligations may arise. John coordinates with the appropriate professionals to ensure required notices and returns are filed correctly and on time.
Distribute Assets and Close the Estate
Once debts and taxes are resolved, the remaining assets are distributed to beneficiaries according to the will or, in an intestate estate, according to New York law. John prepares the final accounting and closing documents required by the Surrogate's Court.
Local Court Knowledge Makes a Measurable Difference
Probate timelines are shaped by two things: the complexity of the estate and the accuracy of the filings. John's working familiarity with the Monroe County and Allegany County Surrogate's Courts means filings go in correctly the first time. That matters because every rejected filing, every resubmission, and every procedural delay extends the timeline and adds to the family's burden.
Executors who try to navigate this process without legal guidance often encounter exactly these problems. A missed creditor notification, an improperly valued asset, or a distribution made before debts are resolved can expose an executor to personal liability. John's role is to make sure none of that happens — and to stand between the executor and those risks at every step.
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This Is Often the Hardest Moment — We Take the Legal Burden Off Your Shoulders
Most families arrive at probate in the middle of grief, often with no experience in estate administration and no clear picture of what needs to happen or in what order. John's approach starts with a straightforward conversation about what the estate looks like and what the process will involve. No legal jargon. No overwhelming list of tasks. A clear path, explained plainly, so the family understands what comes next.
We handle probate matters for Monroe County families from our Pittsford office and for Southern Tier families from our Belmont office. Call either location to speak with John directly.
Frequently Asked Questions
What Families Ask About Probate in New York
How does probate work in New York, and do I need a lawyer?
Probate in New York begins with filing a petition in the Surrogate's Court of the county where the deceased lived. The court validates the will, appoints the executor, and oversees the process of notifying heirs, resolving debts, and distributing assets. You are not required to hire an attorney, but the filing requirements, creditor notification rules, and court procedures are specific enough that most executors benefit significantly from legal guidance — particularly when the estate has real property, multiple beneficiaries, or outstanding debts.
What does a probate attorney do for an executor?
A probate attorney prepares and files all court documents, guides the executor through each required step, handles creditor notification, advises on asset valuation and distribution, and ensures the estate closes correctly under New York law. For an executor who has never done this before, legal representation is often the difference between a smooth process and one that drags on for months longer than necessary.
How long does probate take in New York?
For straightforward estates with a valid will, an organized executor, and no disputes among beneficiaries, probate in New York can typically be completed within several months to a year. Contested estates, complex asset structures, or filing errors can extend that timeline significantly. Working with an attorney who knows the Surrogate's Court procedures reduces the likelihood of delays.
Is there a probate attorney who serves Allegany County and the Southern Tier?
Yes. Bernacki Law serves clients in Allegany County and the Southern Tier from our Belmont office at 2 Schuyler Street. John is familiar with the Allegany County Surrogate's Court and handles probate and intestate administration matters for Southern Tier families with the same level of direct, personal attention as Monroe County clients.
What happens if someone dies without a will in New York?
When there is no will, the Surrogate's Court applies New York's intestacy law to determine who inherits the estate. The court appoints an administrator — typically the closest surviving relative — to carry out the distribution. The process, called intestate succession administration, follows the same general structure as probate and similarly benefits from legal guidance. John handles both.
Contact Us Today
Bernacki Law guides executors and families through the probate and estate administration process in Monroe County and the Southern Tier. John Bernacki has more than 35 years of legal experience, including 16 years as Pittsford Town Justice, and is familiar with both the Monroe County and Allegany County Surrogate's Courts. He provides probate counsel from offices in Pittsford and Belmont, New York, with every matter handled personally. Learn more on our about page.