How Do I Avoid Probate in New York?

New York's nonprobate-transfer statute names an insurance policyN.Y. EPTL 13-3.2(a)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: New York's statute does not name an individual retirement accountN.Y. EPTL 13-3.2(a)Verified Nov 1, 2026View source, so whether it passes to its beneficiary outside probate rests on other law. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in New York: New York recognizes joint tenancy and, for real property held by spouses, tenancy by the entirety. A deed to two or more people creates a tenancy in common unless it expressly declares a joint tenancy, and a deed to a married couple creates a tenancy by the entirety unless it says otherwiseN.Y. Real Prop. Law §§ 240-c, 290 to 336, 423, 423-a, 436; EPTL §§ 6-2.1, 6-2.2; SCPA § 1923; Tax Law § 982; CPLR 8021; County Law § 525; Opinion of Counsel SBEA No. 121Verified Oct 26, 2026View source. New York recognizes the transfer on death deedN.Y. Real Prop. Law 424Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In New York, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.