New York estate planning means preparing a will, naming an executor, and choosing health care and financial agents so your property and medical decisions go where you want. Most estates still pass through Surrogate's Court, but a valid will speeds that process and gives you control over who receives your property.
If you want to get started now, FastWill's online will builder walks you through a legally valid New York will in one sitting. Below are the questions New Yorkers ask most often about estate planning, from probate and taxes to disinheriting a relative and updating your plan after a move.
What Is Estate Planning?
According to the American Bar Association, estate planning covers the transfer of property at death along with a variety of other personal matters, and it may or may not involve tax planning. The core document is your last will and testament, which explains how you want your property distributed when you die. New York estate planning typically also includes a living will and health care proxy to record your medical preferences and name someone to make decisions for you, plus guardian nominations if you have minor children.
Are Estate Taxes a Concern in New York
New York has its own state estate tax with an exemption amount that changes each year. For deaths in 2026, the New York State basic exclusion amount is $7,350,000, according to the New York State Department of Taxation and Finance. Estates under that figure generally owe no state estate tax. There is also a separate federal estate tax, which only applies to estates over $15,000,000 for deaths in 2026. Because these numbers change most years, check the current threshold before you assume your estate is exempt.
What Happens to My Estate When I Die in New York
New York's probate court is called the Surrogate's Court, and it handles every estate, whether or not you have a will.
- If you have a will, your named executor asks the Surrogate's Court to admit it to probate, then pays debts and distributes assets to your beneficiaries.
- If you die without a will, the court appoints an administrator, who must distribute your property according to New York's intestacy law rather than your wishes.
- New York also offers a small estate, or voluntary administration, process for estates valued at $50,000 or less that do not include real estate, which is faster and less expensive than full probate.
What Assets Go Through Probate in New York
Assets titled solely in your name generally go through probate in New York, including:
- Real property held solely in the decedent's name, or as tenants in common
- Personal property such as jewelry, vehicles, and collectibles
- Bank accounts without a named beneficiary
- An ownership interest in a company, LLC, or partnership held in the decedent's name
Does All of My Property Pass Through My Will
No. Several categories of property bypass probate and your will entirely:
- Jointly owned property. A house or account owned with rights of survivorship passes directly to the surviving owner.
- Property in a living trust. Assets titled in a revocable living trust pass under the trust's terms, not your will.
- Beneficiary designations. Life insurance, retirement accounts, and payable-on-death or transfer-on-death accounts go directly to the named beneficiary.
Can I Disinherit Someone in My New York Will
You can generally disinherit adult children and other relatives, but New York law does not allow you to fully disinherit a spouse. Under the state's right of election law, a surviving spouse can claim the greater of $50,000 or one-third of the net estate, even if the will leaves them nothing, according to EPTL 5-1.1-A. If you want to disinherit a child, state that intention explicitly in the will rather than simply leaving the child out, since an unclear omission can invite a challenge.
When Should I Update My New York Will
Estate planning is not a one-time task. Review your New York estate plan every few years and immediately after marriage, divorce, the birth of a child, a significant change in assets, or a move across state lines. An outdated will can leave an ex-spouse in place as executor or beneficiary, which is rarely what anyone intends.
What Is a Power of Attorney Used For in New York
A power of attorney, or POA, authorizes an agent to make financial decisions on your behalf. Without one, your family would need to petition the court to appoint a guardian if you became unable to manage your own affairs, a process that takes time and money. Most New York estate plans pair a POA with a will and a health care proxy so someone can act for you in both financial and medical situations.
What Is a New York Living Will
A living will records your health care wishes in writing so they can be followed if you become unable to communicate them. It becomes effective once a physician confirms you have an incurable or irreversible condition. Most people sign a living will at the same time as their last will and testament.
Can I Make a New York Will Online
Yes. New York law allows you to make a valid will without a lawyer as long as you meet these requirements, set out in EPTL Article 3, Part 2:
- Age and capacity. You must be at least 18 and of sound mind, meaning you understand your property and who you are giving it to.
- Two witnesses. You need two witnesses who are at least 18 and are not beneficiaries under the will. In New York, they do not need to sign at the same time as each other.
- Signature. You must sign and date the will at the end of the document. Anything written below your signature will be disregarded by the court.
Frequently Asked Questions
Do I need a lawyer to write a New York will?
No. As long as you meet the age, witness, and signature requirements above, a self-drafted or online will is legally valid in New York.
What happens if I die without a will in New York?
Your assets pass under the state's intestacy law, and the court appoints an administrator rather than the executor you would have chosen.
Can I disinherit my spouse in New York?
Not entirely. Your spouse can claim the greater of $50,000 or one-third of your net estate under the right of election, regardless of what your will says.
Is notarization required for a New York will?
No, but a notarized, self-proving affidavit lets your witnesses skip testifying in court, which speeds up probate.
How often should I review my New York estate plan?
At least every few years, and immediately after marriage, divorce, a new child, a move, or a major change in assets.
Whether you are starting your first will or updating one after a life change, FastWill's New York will builder is built around the state's specific witness and signature rules so your documents hold up in Surrogate's Court.
