American Estate Planning Series
New York Estate Planning
Clear, practical guidance on wills, trusts, probate, powers of attorney, health care directives, and protecting what matters most in New York.
The American Estate Planning Series provides state-specific education to help individuals and families better understand estate planning in New York. Explore the videos, resources, and next steps below.
Jump To
Use the links below to explore the sections of this Georgia Estate Planning Guide.
Choose Your Next Step
Not sure where to begin? Choose the path that fits your situation.
Just Getting Started
If you're new to estate planning or want a clear overview of how it all works in New York, start here.
Learn the basics
Understand wills vs. trusts
See what most people actually need
Simple videos to help you understand how estate planning works in New York.
Ready to Put a Plan Together
If you’re ready to take the next step and want a simple way to think through your plan:
Identify your goals and priorities
Organize your assets and decisions
Work through a simple plan
A simple, step-by-step guide to help you organize your plan before meeting with an attorney.
Looking for Legal Help
If you’re ready to move forward or want guidance specific to your situation:
Speak with a New York estate planning attorney
Get advice tailored to your situation
Move forward with a clear plan
Connect with an experienced attorney and take the next step with confidence.
A Simple Path to New York Estate Planning
Estate planning doesn’t have to be complicated. Most people can break the process down into a few clear steps.
Step 1: Understand the Basics
Start by understanding how estate planning works in New York.
What a will does (and doesn’t do)
When a trust may make sense
How probate works in New York
Step 2: Get Organized and Make Decisions
Before creating documents, take time to think through your goals and gather key information.
Who should receive your assets
Who should make decisions if you can’t
What you own and how it’s titled
Step 3: Create and Put Your Plan in Place
Once you’re clear on your goals, you can move forward with the right documents.
Create a will or trust-based plan
Complete powers of attorney and healthcare directives
Make sure everything is properly signed and implemented
Step 4: Keep Your Plan Up to Date
Estate planning isn’t a one-time event. Your plan should evolve as your life changes.
Review your plan periodically
Update after major life events
Keep your documents aligned with your goals
Not sure where to start?
Start Here
If you're new to estate planning, these short videos will give you a clear understanding of how it all works—before you dive into New York-specific details.
Do You Really Need a Trust? A Simple Decision Framework
This video explains when a living trust may make sense and provides a simple framework for deciding whether a trust is appropriate for your situation.
What Is Estate Planning? (And Why It Matters More Than You Think)
Estate planning is the process of deciding who makes decisions for you and what happens to your assets so your family isn’t left guessing.
What Makes New York Estate Planning Different
Estate planning is not one-size-fits-all. While many core concepts are similar across the country, New York has specific laws, tax rules, and procedural requirements that can significantly affect how a plan is structured and how it works in practice. Understanding these differences—especially around probate, estate taxes, and document requirements—can help you avoid costly mistakes and make more informed decisions.
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In New York, probate is handled through the Surrogate’s Court in the county where the person lived. The process involves validating a will (if one exists), appointing an executor or administrator, and overseeing the administration of the estate. Procedures, timelines, and required filings can vary depending on the situation.
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New York has its own estate tax system that is separate from the federal estate tax. One of the most important features is what is often referred to as the “estate tax cliff.” If an estate exceeds a certain threshold by more than a small margin, the entire estate—not just the excess—may become subject to New York estate tax. This can create a significant and sometimes unexpected tax liability, making proper planning especially important for individuals with larger estates.
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Living trusts can be used in New York to help avoid probate for assets properly titled in the trust. However, whether a trust makes sense depends on factors such as asset structure, family dynamics, and planning goals.
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New York has specific requirements for powers of attorney and health care-related documents. These documents allow others to act on your behalf for financial or medical decisions if you are unable to do so.
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How assets are titled—and whether beneficiary designations are in place—can determine whether property passes through probate or transfers more directly. Coordinating these elements with your overall plan is an important part of New York estate planning.
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Estate planning in New York often involves more than just basic documents. Individuals with larger estates, real estate holdings, or complex family situations—such as blended families or long-term planning goals—may require more structured planning to address tax exposure, control how assets are managed, and ensure the plan works as intended over time.
Because New York-specific rules—particularly around estate tax and probate—can have a meaningful impact, many individuals and families choose to work with a qualified New York estate planning attorney when creating or updating their plan.
Want to see how this applies to your situation?
New York Estate Planning Videos
New York Estate Planning Checklist: What Most People Need
How Probate Works in New York (Step-by-Step)
When a Living Trust Makes Sense in New York
What Makes New York Estate Planning Different
Estate Planning Starter Workbook
A simple worksheet designed to help individuals and families organize the key information needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
17-page fillable PDF
Download instantly — no email or signup required
The Estate Planning Starter Workbook is designed to help individuals and families begin organizing the information commonly needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
This workbook may be helpful if you:
want to begin organizing your estate planning information
are thinking about creating or updating an estate plan
want to better understand your assets and beneficiaries
plan to meet with an estate planning attorney in the future
want to organize information for your family
What the workbook includes:
Personal and family information
Asset and property overview
Beneficiary designations
Planning goals and priorities
Notes and questions for future planning discussions
Many people find it helpful to complete the workbook before meeting with an estate planning attorney or beginning the planning process.
New York Contributing Attorney
We are currently selecting a New York estate planning attorney to serve as the Contributing Attorney for this state.
Each state in the American Estate Planning Series is supported by one carefully selected attorney who helps ensure the information is accurate, practical, and aligned with that state’s laws and procedures.
What This Means for You
Content on this page is being developed and refined with New York-specific considerations in mind
A carefully selected attorney will be featured here once the selection process is complete
That attorney will serve as a trusted resource for individuals and families seeking guidance in New York
About the Role
The Contributing Attorney plays a visible role in shaping and supporting estate planning education for New York.
This includes:
Contributing to or guiding state-specific educational content
Being featured as the New York attorney resource on this page
Participating in the development of practical, consumer-focused guidance
Supporting a mission of clear, straightforward estate planning education
Our Approach
We take a thoughtful and selective approach to choosing Contributing Attorneys.
We look for attorneys who:
Focus their practice on estate planning and related areas
Communicate clearly and effectively with clients
Are committed to educating—not just selling
Are interested in being part of a growing, national platform
Attorney Inquiries
We are currently in the process of selecting the New York Contributing Attorney.
If you are a New York estate planning attorney and would like to be considered for this role, we welcome your inquiry.
This is a limited, state-specific role designed for one attorney.
Once selected, the New York Contributing Attorney will be featured here, along with:
Professional background and experience
Educational video content
Information on how to connect and learn more
Common New York Estate Planning Questions
Estate planning questions often depend on state-specific rules. Here are some of the most common questions people ask about estate planning in New York.
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If someone dies without a will in New York, their assets are distributed according to New York’s intestacy laws. These laws determine who inherits based on family relationships, such as a spouse, children, or other relatives. The court will also appoint an administrator to handle the estate rather than an executor named in a will.
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No. A will does not avoid probate in New York. Instead, a will is the document that is submitted to the Surrogate’s Court to begin the probate process. Probate is the process through which the will is validated and the estate is administered.
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In New York, probate is handled through the Surrogate’s Court in the county where the person lived. The court validates the will, appoints an executor, and oversees the process of gathering assets, addressing debts and expenses, and distributing property to beneficiaries. The process can vary depending on the complexity of the estate.
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A living trust may make sense in New York for individuals who want to avoid probate for certain assets, maintain privacy, or create a more structured plan for managing assets. Whether a trust is appropriate depends on factors such as asset types, family situation, and overall planning goals.
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In most cases, yes. Individuals who create a living trust typically also have a “pour-over will.” This type of will is designed to capture any assets that were not transferred into the trust during life and direct them into the trust at death, helping ensure the plan works as intended.
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A power of attorney allows someone you trust to handle financial and legal matters on your behalf if you are unable to do so. In New York, this document must meet specific legal requirements and is an important part of planning for incapacity.
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A health care proxy is a document that allows you to name someone to make medical decisions for you if you are unable to communicate your wishes. It is a key part of an estate plan in New York and works alongside other health care directives.
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Yes. New York has its own estate tax that is separate from the federal estate tax. Depending on the size of an estate, this tax may apply and can influence how an estate plan is structured.
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Generally, assets owned individually without a beneficiary designation or trust ownership may go through probate. Assets with named beneficiaries, certain jointly owned assets, and assets held in a trust typically pass outside of probate.
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It is generally a good idea to review your estate plan periodically and after major life events, such as marriage, divorce, the birth of a child, or significant changes in assets. Keeping your plan up to date helps ensure it continues to reflect your wishes.
About the American Estate Planning Series
The American Estate Planning Series is a national platform designed to make estate planning more understandable, accessible, and practical for individuals and families across the United States.
Estate planning laws vary from state to state, but the questions people face are often the same. This platform brings together clear educational content, state-specific guidance, and experienced estate planning attorneys to help people make informed decisions with confidence.
How It Works
Each state has its own dedicated hub with:
Clear explanations of estate planning basics
State-specific insights and considerations
Educational videos and planning resources
A carefully selected contributing attorney for that state
This structure allows you to start with the fundamentals and then explore how those concepts apply in your state.
Our Approach
We focus on clarity over complexity.
Estate planning can feel overwhelming, so we break it down into simple steps and practical guidance—without unnecessary jargon.
Our goal is to help you understand your options, organize your plan, and take the next step with confidence.
A Growing National Resource
The American Estate Planning Series is being built state by state, with the goal of providing consistent, high-quality guidance across all 50 states.
As each state is developed, new content, resources, and attorney partnerships are added to better serve individuals and families nationwide.
Start your planning with confidence