Probate Administration Attorney Serving Monroe County and the Southern Tier

Being named executor is an honor — and a legal responsibility most people have never navigated before. Bernacki Law handles the court process from petition through final distribution so you can focus on your family rather than the paperwork.

What Probate Administration Actually Is

Probate administration is the court-supervised legal process of validating a deceased person's will, appointing an executor with formal legal authority, and overseeing the distribution of estate assets to the named beneficiaries. In New York, this process takes place in the Surrogate's Court of the county where the person lived at the time of 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 — the local procedures, the filing requirements specific to each courthouse, and the staff who process these matters. That familiarity keeps estates moving efficiently rather than stalled on a procedural issue that could have been avoided.

What an Executor Is Responsible For — and How John Helps at Every Step

Most executors have never done this before. New York's Surrogate's Court process has specific requirements at each stage, and a misstep — a missed creditor notice, an improperly documented distribution — can expose an executor to personal liability. John manages the legal side of every step listed below so that doesn't happen.

File the Probate Petition

The process begins with filing a probate petition in the appropriate Surrogate's Court, along with the original will, a certified death certificate, and supporting documentation identifying the estate's assets and beneficiaries. John prepares and files everything.

Receive Letters Testamentary

Once the court validates the will and formally appoints the executor, it issues Letters Testamentary — the legal document that grants the executor authority to act on behalf of the estate. Without this document, banks, financial institutions, and other parties will not release assets or information. John coordinates the receipt of Letters Testamentary and advises on their use.

Notify Beneficiaries and Creditors

New York requires formal legal notice to all interested parties — beneficiaries named in the will, distributees who would inherit under intestacy law, and in some cases known creditors. John handles this notification process in compliance with Surrogate's Court requirements, including proper service and proof of notice.

Inventory and Appraise Estate Assets

The executor is responsible for identifying, locating, and valuing all assets that make up the probate estate. John helps structure this process, distinguishes probate assets from those that pass outside the estate, and advises on appraisal requirements for real property and other assets with non-obvious value.

Address Creditor Claims and Outstanding Debts

Before any assets can be distributed, valid creditor claims must be evaluated and resolved in the correct order of priority under New York law. John advises on which claims are valid, which can be disputed, and how to document the resolution of each so the executor is protected.

File Required Tax Notices and Returns

Depending on the size of the estate and the nature of its assets, state and federal tax obligations may arise — including New York State estate tax, federal estate tax, and the decedent's final income tax return. John coordinates with tax professionals where needed and ensures required filings are completed 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. John prepares the final accounting and the closing documents required by the Surrogate's Court, ensuring the estate is formally closed and the executor's duties are discharged.

Common Executor Concerns — Addressed Directly

Executors come to John with three consistent fears. He addresses all three directly.

• Personal liability: Every step of the administration is documented and executed to Surrogate's Court standards. Creditor notices, asset inventories, and distribution records are handled correctly from the start, which is the most reliable protection an executor has.
  
  
• Family disputes: When beneficiaries disagree about distributions or question the executor's decisions, the clearest protection is a well-documented administration process. John advises on dispute prevention throughout and addresses conflicts legally if they arise.
  
  
• Timeline: Correct filings from day one prevent the procedural delays that extend probate unnecessarily. John sets realistic expectations at the outset and keeps the estate moving through each stage without unnecessary gaps.

We serve probate administration clients from our Pittsford office in Monroe County and our Belmont office serving Allegany County and the Southern Tier.

Questions Executors Ask About Probate in New York

Contact Us Today

Bernacki Law guides executors and families through probate administration in the Monroe County and Allegany County Surrogate's Courts. John Bernacki has more than 35 years of legal experience, including 16 years as Pittsford Town Justice, and handles probate administration personally from offices in Pittsford and Belmont, New York. Learn more on our about page.

If you've been named executor and aren't sure where to begin, call us. The first conversation is free, and we'll walk you through exactly what comes next.