Is a will or a living trust better in New York?

Neither is better for everyone. A will is proved in the Surrogate's Court after death (EPTL 3-2.1 governs its execution); a funded revocable trust passes the property it holds without probate, but only what was actually transferred to it (EPTL 7-1.18). Many New York plans use both, with a will that leaves anything outside the trust to the trustee (EPTL 3-3.7).

Does a living trust avoid probate in New York?

For the property it holds, yes: a lifetime trust is valid as to assets transferred to it, and property titled in the trustee passes under the trust (EPTL 7-1.18). Property left in your own name still goes through the Surrogate's Court, unless it passes by designation, joint ownership or a transfer on death deed (Real Prop. Law §424).

Does a revocable trust protect assets from a spouse's election in New York?

No. A surviving spouse's elective share counts property the decedent could revoke, in trust or otherwise, as a testamentary substitute (EPTL 5-1.1-A), so a revocable trust does not by itself put property beyond the election.

New York Will vs. Revocable Living Trust: How They Compare

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New York will vs. revocable living Trust, at a glance

What matters	New York will	Revocable living Trust
When it takes effect	Only at death	During life and at death
New York probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many New York plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in New York?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, 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

Is a will or a living trust better in New York?: Neither is better for everyone. A will is proved in the Surrogate's Court after death (EPTL 3-2.1 governs its execution); a funded revocable trust passes the property it holds without probate, but only what was actually transferred to it (EPTL 7-1.18). Many New York plans use both, with a will that leaves anything outside the trust to the trustee (EPTL 3-3.7).
Does a living trust avoid probate in New York?: For the property it holds, yes: a lifetime trust is valid as to assets transferred to it, and property titled in the trustee passes under the trust (EPTL 7-1.18). Property left in your own name still goes through the Surrogate's Court, unless it passes by designation, joint ownership or a transfer on death deed (Real Prop. Law §424).
Does a revocable trust protect assets from a spouse's election in New York?: No. A surviving spouse's elective share counts property the decedent could revoke, in trust or otherwise, as a testamentary substitute (EPTL 5-1.1-A), so a revocable trust does not by itself put property beyond the election.

General information about New York law, not legal advice.