For anyone planning an estate in New York or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under New York law.
36 tools for New York
Probate in New York takes 7 months to 9 months for a simple estate and charges attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
New York authorizes transfer on death deedsN.Y. Real Prop. Law 424Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
New York does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
In New York, the Surrogate's Court appoints the personal representative and the Surrogate's Court issues Letters Testamentary or Letters of Administration; every appointment goes through the courtSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source.
In New York, the 7 monthsSCPA § 1802Verified Sep 8, 2026View source period after the personal representative's appointment protects a representative who distributes after it; late claims can still reach undistributed assets.
When an estate owes more than it holds, New York pays the claims in 6N.Y. SCPA § 1811Verified Sep 23, 2026View source classes in statutory order, beginning with administration expenses.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
New York requires a final state income tax return for the decedent alongside the federal Form 1040N.Y. Tax Law § 601(c) cl. (vii); Chapter 59, Laws of 2025 (Part B)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In New York, a will-based plan pays probate attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1811; EPTL 11-1.5Verified Sep 15, 2026View source to present claims; a simple estate closes in 7 months to 9 months.
Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Jul 15, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
After a death in New York, the estate either qualifies for the simplified procedure for estates under $50,000SCPA § 1301Verified Sep 8, 2026View source or goes through probate, where creditors have 7 monthsSCPA § 1802Verified Sep 8, 2026View source to file claims after notice.