New York estate planning

Build Your New York Estate Plan with FREE Documents

The Empire State

Access comprehensive New York estate planning resources including FREE wills, healthcare proxies, financial power of attorney forms, and educational content to help you understand estate planning in the Empire State.

What Makes New York Different

Like all states, New York recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

Financial powers of attorney here require both two witnesses and a notary, making New York one of the stricter states for these documents. Plan to execute yours at a bank or attorney's office where you can satisfy all requirements at once.

If you die without a will in New York, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Unlike states with formal independent administration statutes (such as California and Texas), New York doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

New York Estate Planning Resources

Free estate planning forms, calculators, and checklists for New York. No account required.

New York Last Will and Testament

Create a free, state-specific will with New York's witness and notarization requirements included.

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New York Pour-Over Will

Transfer assets to your existing trust. New York's execution requirements included.

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New York Healthcare Power of Attorney

Designate someone to make medical decisions on your behalf. New York's requirements included.

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New York Financial Power of Attorney

Designate someone to manage your financial affairs. New York's requirements included.

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How Much Does Probate Cost in New York?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge in New York?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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What's Fair Trustee Compensation in New York?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

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Who Inherits in New York?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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How Many Death Certificates Do I Need in New York?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

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How Much Are Estate & Inheritance Taxes in New York?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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Do I Need Probate in New York?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.

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How Do I Settle an Estate in New York?

Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

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What Are My Duties as Trustee in New York?

Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.

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What Are My Duties as Executor in New York?

Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.

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What Does a Revocable Living Trust Cost in New York?

Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.

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What Does a Will Cost in New York?

Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.

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How Much Life Insurance Do I Need in New York?

Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.

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What Should I Expect When Inheriting in New York?

Find out what to expect when inheriting money, property, or other assets. See timeline estimates, inheritance tax implications, and understand what the executor or trustee is handling behind the scenes.

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What are the witness requirements for a will in New York?

New York requires two witnesses to sign your will, and they must both be present when you sign it. The witnesses cannot be beneficiaries of your will or married to beneficiaries. Both witnesses must be at least 18 years old and mentally competent to serve as witnesses.