How can I avoid probate in New York?

By passing property outside the will: a funded revocable trust (EPTL 7-1.18), beneficiary and payable-on-death designations, property held jointly with a right of survivorship (a deed to spouses creates a tenancy by the entirety, EPTL 6-2.2), and a transfer on death deed for real property (Real Prop. Law §424).

Does New York allow transfer on death deeds?

Yes. A transfer on death deed passes real property at death outside probate if it has the formalities of a recordable deed, states that the transfer occurs at death, is signed by two witnesses, is acknowledged and is recorded before the owner's death; the estate may still reach the property for claims its other assets cannot pay (Real Prop. Law §424).

Does avoiding probate avoid New York's estate tax?

No. The estate tax counts the whole estate, including trust property and designated assets, where the federal gross estate plus includible gifts exceeds the basic exclusion amount (Tax Law §§952, 971).

How to Avoid Probate in New York

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Why people avoid probate

New York probate is court-supervised: it can take months, the filings become a public record, and it adds administrative cost. Passing assets outside probate can be faster, more private, and simpler for your family — though it takes planning while you're alive.

Common ways New Yorkers avoid probate

A funded revocable living Trust

Assets retitled into a revocable living Trust pass to your beneficiaries outside probate, while you keep full control during life. “Funding” — actually transferring assets in — is what makes it work.

Beneficiary, POD & TOD designations

Retirement accounts, life insurance, and many bank and brokerage accounts let you name a beneficiary (or “payable-on-death” / “transfer-on-death”), so they pass directly to that person without probate.

Joint ownership with survivorship

Property held jointly with right of survivorship — including tenancy by the entireties between spouses — generally passes to the survivor automatically, outside probate.

A New York transfer on death deed

For real property, New York allows a transfer on death deed that passes the property to a named beneficiary at your death outside probate (Real Prop. Law §424). It must have the formalities of a recordable deed, say that the transfer happens at death, be signed by two witnesses, be acknowledged and be recorded before your death; the estate can still reach it for claims its other assets cannot pay. Whether it fits depends on your facts.

Small-estate options

When the decedent's personal property is worth $50,000 or less, New York's small-estate route lets a voluntary administrator settle it without full administration (SCPA 1301) — simpler, though still a court step.

The catch: it all depends on titling

A plan only avoids probate for the assets actually titled or designated correctly — a Trust that isn't funded, or an account with no beneficiary, can still end up in probate. Coordinating titling across everything you own is where mistakes happen. This page is general information, not legal advice; a free role check can show you where you stand, and a New York attorney can review your titling.

General information about New York law, not legal advice.

Frequently asked questions

How can I avoid probate in New York?: By passing property outside the will: a funded revocable trust (EPTL 7-1.18), beneficiary and payable-on-death designations, property held jointly with a right of survivorship (a deed to spouses creates a tenancy by the entirety, EPTL 6-2.2), and a transfer on death deed for real property (Real Prop. Law §424).
Does New York allow transfer on death deeds?: Yes. A transfer on death deed passes real property at death outside probate if it has the formalities of a recordable deed, states that the transfer occurs at death, is signed by two witnesses, is acknowledged and is recorded before the owner's death; the estate may still reach the property for claims its other assets cannot pay (Real Prop. Law §424).
Does avoiding probate avoid New York's estate tax?: No. The estate tax counts the whole estate, including trust property and designated assets, where the federal gross estate plus includible gifts exceeds the basic exclusion amount (Tax Law §§952, 971).

General information about New York law, not legal advice.