What documents are in a New York estate plan?

Usually a will (executed under EPTL 3-2.1), often a revocable lifetime trust (executed under EPTL 7-1.17 and funded under 7-1.18), a power of attorney in the statutory short form (Gen. Oblig. Law §5-1513) and a health care proxy (Pub. Health Law §2981). Beneficiary designations and the way property is titled complete the picture.

Does New York have an estate tax?

Yes. The executor of a New York resident whose federal gross estate, plus includible gifts, exceeds the basic exclusion amount — $7,350,000 for 2026 deaths — files a New York estate tax return within nine months of the death (Tax Law §§971, 972), and above 105% of the exclusion the credit is lost entirely (Tax Law §952).

Can I disinherit my spouse in New York?

Not by will or revocable trust alone. A surviving spouse may elect the greater of $50,000 or one-third of the net estate, counting testamentary substitutes such as revocable trusts and joint property (EPTL 5-1.1-A), unless the spouse validly waived the right. How that applies to a plan is a question for a licensed New York attorney.

New York Estate Planning: Wills, Trusts and Probate

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The building blocks of a New York estate plan

A New York will

A will directs who receives your property and names an executor, and it can name guardians for minor children. In New York it is signed at the end and attested by two witnesses who sign within one thirty-day period (EPTL 3-2.1), and property passing under it goes through the Surrogate's Court unless the estate qualifies for the small-estate route (SCPA 1301).

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In New York it runs through the Surrogate's Court, which issues letters to the executor or administrator; creditors present claims within seven months of letters to protect the fiduciary's earlier payments (SCPA 1802), and an estate with $50,000 or less of personal property can use the small-estate route (SCPA 1301). Many plans aim to reduce or avoid it.

Asset protection

New York protects some property by statute — a principal residence up to a county-set amount (CPLR 5206), life insurance proceeds payable to someone other than the insured (Ins. Law §3212), retirement accounts (CPLR 5205(c)) and property in a trust someone else creates — but each depends on facts, timing and titling, and a revocable Trust does not shield assets from your own creditors (EPTL 7-3.1). This is an area to review with a New York attorney.

Powers of attorney & advance directives

A complete plan usually also includes a power of attorney — the statutory short form (Gen. Oblig. Law §5-1513) — and a health care proxy naming an agent for medical decisions (Pub. Health Law §2981), so someone you trust can act for you if you cannot. New York has no living-will statute; your wishes reach the agent through the proxy.

Which plan is right in New York?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a New York attorney can recommend what fits your situation.

General information about New York law, not legal advice.

Frequently asked questions

What documents are in a New York estate plan?: Usually a will (executed under EPTL 3-2.1), often a revocable lifetime trust (executed under EPTL 7-1.17 and funded under 7-1.18), a power of attorney in the statutory short form (Gen. Oblig. Law §5-1513) and a health care proxy (Pub. Health Law §2981). Beneficiary designations and the way property is titled complete the picture.
Does New York have an estate tax?: Yes. The executor of a New York resident whose federal gross estate, plus includible gifts, exceeds the basic exclusion amount — $7,350,000 for 2026 deaths — files a New York estate tax return within nine months of the death (Tax Law §§971, 972), and above 105% of the exclusion the credit is lost entirely (Tax Law §952).
Can I disinherit my spouse in New York?: Not by will or revocable trust alone. A surviving spouse may elect the greater of $50,000 or one-third of the net estate, counting testamentary substitutes such as revocable trusts and joint property (EPTL 5-1.1-A), unless the spouse validly waived the right. How that applies to a plan is a question for a licensed New York attorney.