Estate Planning for Orange County, New York Property Owners

For most Orange County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Orange County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Orange County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Orange County property passes through the Surrogate's Court — even simple New York probates run 7+ months and start with $45 in filing fees.

Record a Transfer-on-Death Deed in Orange County

A transfer on death deed names a beneficiary who receives Orange County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source.

Create a New York TOD deed →Orange County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Orange County are recorded with the County Clerk at 255 Main Street, Goshen, NY 10924. Phone: 1-845-291-2690. Hours: Monday-Friday 9:00 AM-5:00 PM.

The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed is $55 in recording fees, before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.

Orange County accepts electronic recording through CSC, ePN and Simplifile.

Orange County requires type no smaller than 8 point on recorded documents.

Recording Office Record

County Clerk

Orange County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

255 Main Street, Goshen, NY 10924

Open in Google Maps

Fax

1-845-378-2368

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Orange County

FirmGoshen, NY

Blustein, Shapiro, Frank & Barone, LLP

Serves 2 counties

Goshen (Orange County) firm with a second office in Monticello, in Sullivan County. Its wealth-preservation group sees that a decedent's assets are distributed correctly and on time through probate for individually owned property and trust administration for assets passing under a trust instrument, and takes on guardianships; its litigation group handles estate and trust disputes among heirs. Most of its attorneys have been named to the Upstate New York Super Lawyers list.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
10 Matthews StreetGoshen, NY 10924

FirmNew Windsor, NY

Drake Loeb PLLC

Serves 1 county

New Windsor (Orange County) firm whose estate group handles the probate and administration of a loved one's estate, simple or complex, including the tasks that come with it such as selling estate real property and filing any estate tax returns. Also advises on wills, trusts, health care proxies and powers of attorney, elder law and Medicaid and nursing-home planning, guardianship proceedings and special needs trusts. The group includes members of the Hudson Valley Estate Planning Council.

PracticesEstate PlanningProbateElder LawGuardianshipand 2 more

Office
555 Hudson Valley Avenue, Suite 100New Windsor, NY 12553

Solo PracticeOrangeburg, NY

Law Offices of Robert S. Lewis, P.C.

Serves 2 counties

Orangeburg firm representing Rockland and Orange County executors and administrators through the Surrogate's Court, with a second office in Suffern. Handles heirship searches, the inventory of assets, liquidating a decedent's house, distributing to heirs and filing the estate accounting, and defends fiduciaries accused of breach of duty. Consultations are free and the office has Spanish-speaking staff.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 7 more

Office
100 Dutch Hill Road, Suite 380Orangeburg, NY 10962
Free consultation

FirmMillbrook, NY

Mackey Catania & Whalen LLP

Serves 2 counties

Millbrook and Poughkeepsie offices appearing before the Dutchess County Surrogate's Court. Advises trustees and executors on their fiduciary duties and walks administrators through probate and intestate administration, then litigates the estates that go wrong — will and trust contests, accounting proceedings and missing-asset claims. A twenty-attorney bench spanning New York and Connecticut.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
3208 Franklin AvenueMillbrook, NY 12545

FirmMiddletown, NY

MacVean, Lewis, Sherwin & McDermott, P.C.

Since 1885 · Serves 1 county

Middletown firm in Orange County handling estate planning and administration alongside its litigation and real estate work. Prepares trusts, powers of attorney, living wills and health care proxies, and takes on contested matters including will contests, estate litigation and guardianship proceedings. One of the oldest firms in the Hudson Valley, tracing its roots to 1885.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 3 more

Office
34 Grove StreetMiddletown, NY 10940
Free consultation

Solo PracticeGoshen, NY

Mark G. Aberasturi, Attorney at Law P.C.

Serves 4 counties

Goshen solo practice a few minutes from the Orange County Surrogate's Court, also serving Ulster, Sullivan and Rockland. Walks a surviving spouse or child through being appointed executor or administrator, marshaling scattered accounts, filing the inventory, paying creditors and taxes, filing the decedent's final return and the estate return, and filing the final account with the court. Former chairman of the Orange County Bar Association Elder Law Committee.

PracticesEstate PlanningProbateElder LawTax Planningand 2 more

Office
30 Matthews StreetGoshen, NY 10924
Free consultation
See all 22 firms serving Orange County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Data sourced from New York statutes and official state code. How we research.

Forms for Planning Your Estate in New York

Free forms for planning your estate in New York: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for New York.

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Last Will and Testament

In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.

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Codicil to a Will

In New York, a codicil is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonySCPA §§ 103(52), 1406Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.

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HIPAA Release

In New York, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationN.Y. Pub. Health Law §§ 2780(9), 2782(5)(a) (Article 27-F); NY DOH Form DOH-2557 (Rev. 2/11); N.Y. Civ. Rights Law § 79-l(2)(b), (2)(c), (2)(d), (3)(a)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.

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Transfer on Death Deed

In New York, a transfer on death deed is signed before a notaryN.Y. Real Prop. Law 424Verified Oct 19, 2026View source and 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. New York does not recognize a Lady Bird deed.

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Free

Pour-Over Will

In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Tools for Planning Your Estate in New York

Free tools for planning your estate in New York: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for New York and read its answer.

How Do I Sign Estate Documents?

In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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Will My Estate Documents Transfer?

New York recognizes a will signed under the law of the place where it was signedEPTL § 3-5.1(c)Verified Oct 19, 2026View source; a will signed in New York itself needs 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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Trust or Will: Which Costs Less?

In New York, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in New York runs $4,250Estimate: 10 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in New York runs $1,344Estimate: 3 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,688Estimate: 6 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In New York, a parent names a guardian for a minor child in a will or a separate signed writingN.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.Y. SCPA § 1707(2); N.Y. Dom. Rel. Law § 81Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in New York takes 7 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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