New York Estate Planning: Trusts, Wills & Inheritance Explained

Estate planning in New York is governed by some of the most detailed statutes in the country, principally the Estates, Powers and Trusts Law (EPTL) and the Surrogate's Court Procedure Act (SCPA). A plan that works in another state may fail here because of New York's distinct rules on will execution, the state estate tax "cliff," Medicaid recovery, and the way Surrogate's Courts in Manhattan, Brooklyn, Queens, and the surrounding counties handle probate and administration.

This page serves as an overview and starting point. From here, we link to deeper guides on each specific topic so you can move directly to the issue that matters to you. The Law Offices of Albert Goodwin focuses on New York estate planning and estate litigation, with offices in New York City, Brooklyn, and Queens.

Do I Need a Trust or a Will in New York?

This is the most common question we hear, and the honest answer is that it depends on your assets, your family, and your goals. Both are valid tools, and many New Yorkers benefit from having both.

A will directs how your property passes after death, names an executor, and can nominate guardians for minor children. To be valid in New York, a will must meet the formal execution requirements of EPTL § 3-2.1: it must be in writing, signed by the testator at the end, and witnessed by at least two people who sign within 30 days of each other. New York generally does not recognize holographic (handwritten, unwitnessed) or oral wills except in narrow circumstances such as members of the armed forces during conflict. A will, however, does not avoid probate — it is the document a court reviews during probate.

A trust is a legal arrangement in which a trustee holds and manages assets for beneficiaries. A properly funded revocable living trust can avoid probate entirely, keep your affairs private, and provide a plan for management of assets if you become incapacitated. An irrevocable trust gives up some control in exchange for asset protection and Medicaid or tax advantages.

• Learn more in our guide to the benefits of a living trust.
• Considering a trust created through your will? See the advantages and disadvantages of a testamentary trust.
• Working with a trust attorney in NYC or a will attorney in NYC.
• Wondering about privacy? Read whether trusts are public record and whether trusts are registered.

How to Avoid Probate in New York

Probate in New York is the court process of validating a will and appointing an executor through the Surrogate's Court in the county where the decedent lived. When there is no will, the parallel process is called administration, governed by the intestacy rules of EPTL § 4-1.1, which dictate which relatives inherit and in what shares. Both processes can take months and become public record.

Probate is not always necessary. Assets that pass outside of probate include jointly held property with rights of survivorship, accounts with valid beneficiary or payable-on-death designations, life insurance with named beneficiaries, and assets titled in a living trust. Small estates of $50,000 or less in personal property may qualify for a simplified voluntary administration proceeding under SCPA Article 13.

• See our detailed guide on how to avoid probate in New York.
• Curious about timing? Review a sample NYC probate timeline.
• Understand the administration process when there is no will.

New York Estate Tax and the "Cliff"

New York imposes its own estate tax separate from the federal estate tax, and it contains a feature that surprises many families: the estate tax "cliff." New York provides a basic exclusion amount (indexed annually — roughly $7 million for deaths in 2025), but the benefit phases out rapidly. If a taxable estate exceeds the exclusion by more than 5%, the exclusion is lost entirely and the whole estate becomes taxable, not just the portion above the threshold. An estate slightly over the cliff can owe several hundred thousand dollars more than one just under it.

Because of this, New Yorkers with estates approaching the exclusion should plan carefully. Strategies may include lifetime gifting (note New York has no separate gift tax but does have a three-year lookback for gifts made within three years of death), charitable bequests, and structured giving designed to keep the taxable estate below the cliff. The federal exemption is far higher, but it is scheduled to change, making coordinated planning important.

• Explore advanced New York estate planning techniques for larger estates.
• Learn about an attorney for charitable wills in NYC.

Medicaid Planning and the New York Look-Back

Long-term care is a leading reason New Yorkers seek estate planning. Nursing home Medicaid in New York applies a 60-month (five-year) look-back period, meaning transfers of assets made within five years of applying can trigger a penalty period of ineligibility. Community-based (home care) Medicaid has historically had no look-back, though New York has been phasing one in.

A well-drafted irrevocable Medicaid asset protection trust can, if established and funded early enough, protect a home and other assets from being spent down on care or recovered by the state after death. Timing is critical because of the look-back, so this planning works best when done well in advance of need.

• For families with a disabled loved one, see the benefits of a special needs trust, which preserves eligibility for means-tested benefits.
• Understand which assets can and cannot go into revocable trusts.

Planning for Incapacity, Not Just Death

A complete New York estate plan addresses what happens if you become unable to manage your own affairs. Key documents include:

• A statutory durable power of attorney, which since June 2021 follows a revised New York form and stricter execution rules; an outdated form may be rejected by banks.
• A health care proxy under New York Public Health Law Article 29-C, naming an agent to make medical decisions.
• A living will expressing your wishes regarding life-sustaining treatment.

Learn more about advance directives in New York and what can go wrong when a power of attorney is abused.

When Inheritance Disputes Arise

Even a careful plan can be challenged, and not all inheritance issues are foreseeable. Our firm also handles estate litigation in New York Surrogate's Courts, including:

• Filing petitions for letters testamentary or letters of administration.
• Contesting or defending a will on grounds such as undue influence, lack of capacity, or improper execution.
• Removing an executor, administrator, or trustee for misconduct.
• Pursuing a breach of fiduciary duty claim against a fiduciary who mismanages estate or trust assets.
• Resolving inheritance disputes among family members.

Other Services We Provide

Beyond drafting documents, an experienced New York estate planning and litigation attorney can also:

• file petitions for probate or administration in the appropriate Surrogate's Court;
• prepare estate accountings in court-approved formats;
• commence guardianship proceedings under Article 81 of the Mental Hygiene Law;
• request temporary restraining orders where a fiduciary is abusing their powers;
• coordinate estate tax filings and post-death administration.

Frequently Asked Questions

Is a will valid in New York if it isn't notarized?

A New York will does not require notarization to be valid, but it must be signed by the testator and witnessed by two witnesses per EPTL § 3-2.1. Including a self-proving affidavit (which is notarized) is highly recommended because it streamlines probate.

Does a living trust avoid New York estate tax?

A revocable living trust avoids probate but does not by itself reduce New York estate tax, because the assets remain in your taxable estate. Reducing estate tax generally requires irrevocable strategies and lifetime gifting.

What happens if I die without a will in New York?

Your property passes under New York's intestacy statute, EPTL § 4-1.1. A spouse with children, for example, takes the first $50,000 plus half the balance, with the remainder to the children. The Surrogate's Court appoints an administrator to handle the estate.

How long does probate take in New York?

An uncontested probate often takes several months, but timing varies by county and by the complexity of the estate. Contested matters can take significantly longer. See our sample NYC probate timeline.

About the Firm

The Law Offices of Albert Goodwin focuses on New York estate planning, probate, and estate litigation. Learn more about Albert Goodwin and our approach to representing clients across New York City, Brooklyn, and Queens.

This article is general information about New York law and is not legal advice for your specific situation. Estate planning is highly fact-dependent, and you should consult an attorney before acting.

Speak With a New York Estate Planning Attorney

If you need help with a trust, will, or inheritance matter in New York, the Law Offices of Albert Goodwin is here for you. We have offices in New York City, Brooklyn, and Queens. Call us at 212-233-1233 or email [email protected] to schedule a consultation.