NY
Estate Planning in New York
Estate planning in New York rests on three documents: a will, a financial power of attorney, and an advance healthcare directive. New York follows equitable distribution, so probate courts divide assets fairly rather than splitting them down the middle. Estates worth more than $30,000 go through full probate in New York; smaller estates can use a simplified process. New York levies its own state estate tax and no inheritance tax. Will execution is governed by N.Y. EPTL §3-2.1.
Everything you need to know about not leaving a legal mess in New York. You're welcome.
What does New York law say about your estate?
| Requirement | New York rule |
|---|---|
| Governing statute | N.Y. EPTL §3-2.1 |
| Probate threshold | $30,000 |
| Property system | Common law |
| State estate tax | Yes |
| State inheritance tax | No |
Which estate planning documents do you need in New York?
You’re going to die. And when you do, New York law (N.Y. EPTL §3-2.1) has some very specific opinions about what happens to everything you’ve spent your life accumulating. Without proper documents in place, the state basically writes your will for you. Spoiler alert: it probably won’t match what you actually wanted.
New York is an equitable distribution state, so courts divide assets “fairly”, which may or may not match your definition of fair. The probate threshold here is $30,000, meaning estates below that amount can skip the full probate circus. Anything above that? Welcome to months of court proceedings and legal fees that’ll make your heirs question whether you actually loved them.
Oh, and New York has its own estate tax, because the federal government taking a cut wasn’t enough.
What you actually need in New York
There are three documents every NY resident should have, and no, a sticky note that says “give everything to my dog” doesn’t count:
- A Last Will & Testament. Tells New York exactly who gets your stuff instead of letting some judge decide
- A Financial Power of Attorney. Picks someone to handle your money if you can’t (like if you’re in a coma, not just if you’re bad with money)
- An Advance Healthcare Directive. Makes your medical wishes known so your family doesn’t have to guess while sobbing in a hospital hallway
Why you shouldn’t put this off
Every day without these documents is a day you’re gambling with your family’s future. New York intestacy laws might give your assets to relatives you haven’t spoken to in years, or tie everything up in probate court until your kids are old enough to need their own estate plans. The average attorney in New York charges $1500+ for basic estate planning. Or you could handle it yourself for a fraction of that. Your call, but the clock’s ticking, literally.
What else do people ask about estate planning in New York?
Do I need a lawyer for estate planning in New York?
Legally, no. New York doesn't require an attorney to create a will, POA, or healthcare directive. Attorneys are helpful for complex estates, but for straightforward situations, a DIY approach works fine. Just make sure you follow New York's specific requirements.
How much does estate planning cost in New York?
Attorneys in New York typically charge 1000-3000 for a basic estate plan. DIY options like Killswitch run $39-$99. Either way, it's cheaper than the probate court fees your family would face without any plan at all.
What happens if I die without a will in New York?
New York's intestacy laws kick in, which means the state decides who gets your stuff. Generally, it goes to your spouse and kids, but the exact split might surprise you. No spouse or kids? It goes to parents, siblings, or increasingly distant relatives. The state keeps it if nobody qualifies.
Is New York a community property state?
No. New York follows equitable distribution, where courts divide assets fairly (but not necessarily equally) in probate. Your will can specify exactly who gets what.
All three documents
Will, power of attorney, and healthcare directive. $99, paid once.
Bought separately they run $147, which is $48 for the privilege of doing it in three sittings.
Look, we're not lawyers (we're way more fun at parties). This is educational content about New York laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
