New York living trusts & estate documents

Living trust law in New York

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In New York, trusts are governed by the New York Estates, Powers and Trusts Law (EPTL), Article 7.

Avoiding probate in New York

Probate in New York is governed by the EPTL and Surrogate's Court Procedure Act (SCPA) and handled by the Surrogate's Court. Probate proceeds in Surrogate's Court in the decedent's county.

Voluntary administration (small estate) is available for personal property of $50,000 or less. That simplified procedure is set out in Voluntary administration, SCPA Article 13. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why New York homeowners in particular set one up. New York also authorizes a transfer-on-death deed (N.Y. Real Property Law § 424) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

Estate and inheritance tax in New York

New York levies its own estate tax on top of the federal one, and at a much lower exemption: New York has a state estate tax with a $7,350,000 exclusion for deaths in 2026. New York uses a "cliff": estates that exceed the exclusion by more than 5% lose the exclusion entirely and the whole estate becomes taxable. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in New York

A surviving spouse in New York who is left out of the will can instead claim an elective share of the greater of $50,000 or one-third of the net estate under N.Y. EPTL § 5-1.1-A — a protection the will itself cannot override.

New York also sets aside a family exemption of household property, a vehicle, and cash, each up to $25,000 for a surviving spouse and minor children (N.Y. EPTL § 5-3.1), protected ahead of most creditors.

Signing your New York documents

1. Sign the living trust. EPTL 7-1.17: lifetime trust executed and acknowledged before a notary, or signed by two witnesses. Template uses the notary acknowledgment (RPL §309-a certificate).
2. Sign the will. Two witnesses (EPTL 3-2.1); notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public AND two adult witnesses — New York requires both.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses, who then sign the witness statements (each part of the form that shows witness lines is signed the same way). The eligibility rules printed on the form govern who may serve.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for New York — follow those as the authoritative guide.

Serving all of New York

Answer the questionnaire from anywhere in New York and download your completed documents in minutes: New York City, Buffalo, Rochester, Yonkers, Syracuse, Albany, New Rochelle, Mount Vernon, Schenectady, Utica, White Plains, Hempstead, and every community in between.