Estate Planning — New York

New York Estate Laws

New York has one of the most comprehensive and nuanced estate law frameworks in the United States. Understanding the EPTL, SCPA, New York estate tax, intestacy rules, and trust law is essential for protecting your family. Morgan Legal Group guides New York clients through every aspect of state estate law.

Overview

A Framework Built Over Centuries — Updated for Today

New York's estate law framework is codified primarily in two statutes: the Estates, Powers and Trusts Law (EPTL), which governs the creation and administration of wills, trusts, and the rights of beneficiaries; and the Surrogate's Court Procedure Act (SCPA), which governs the procedural rules of New York's Surrogate's Courts — the specialized courts that handle probate, estate administration, and trust proceedings. Together, these statutes — supplemented by the New York Tax Law's estate tax provisions, the General Obligations Law's power of attorney rules, and the Public Health Law's health care proxy provisions — create a comprehensive body of law that affects every New York estate, no matter the size.

New York's estate laws have been shaped by decades of legislative reform and court decisions. The state adopted the Estates, Powers and Trusts Law in 1966, replacing the prior Decedent Estate Law, and has amended it numerous times since. Major recent changes include the 2021 overhaul of the Power of Attorney Law (requiring more specific authorization language and a more formal execution process), periodic updates to the estate tax exemption and rates, and ongoing legislative consideration of further reforms to bring New York's trust law in line with modern best practices.

For New York residents, understanding the key provisions of state estate law is not merely academic — it determines who inherits your estate if you die without a will, how much estate tax your family will owe, what rights your surviving spouse has regardless of your will's provisions, and how your trustee must invest and distribute trust assets. Russel Morgan, Esq. and Morgan Legal Group keep their clients informed of changes in New York estate law and update estate plans proactively when legislative changes affect the client's planning. Serving Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau, Westchester, and Suffolk counties.

Key Statutes

Essential New York Estate Laws at a Glance

Estates, Powers and Trusts Law

EPTL — Primary Estate Code

Governs wills, intestacy, trusts, powers of appointment, and the rights of beneficiaries. Articles 3 (wills), 4 (intestacy), 5 (rights of spouse/children), 7 (trusts), and 11 (fiduciary duties) are most critical for estate planning.

Surrogate's Court Procedure Act

SCPA — Court Procedures

Governs probate proceedings, estate administration, appointment of fiduciaries, kinship hearings, accountings, and all matters before New York's five county-based Surrogate's Courts.

New York Estate Tax

Tax Law §§951–999 — State Estate Tax

Imposes state estate tax on NY-domiciled decedents with estates exceeding $6.94 million (2024), with the notorious 'cliff' that taxes the entire estate once 105% of the exemption is exceeded. Rates: 3.06%–16%.

Power of Attorney Law

GOL Article 5-B — Effective 2021

Governing the New York Statutory Short Form Power of Attorney. Requires the principal to initial each category of power granted and sign before a notary. Gift rider must be separately executed for gift-making authority.

Health Care Proxy Law

PHL §2980-2994

Allows New York adults to designate a health care agent to make medical decisions if they become incapacitated. Agent's authority activates upon the attending physician's determination of incapacity.

Elective Share Statute

EPTL §5-1.1-A

Guarantees a surviving spouse the right to elect against the will and claim the greater of $50,000 or one-third of the net estate, regardless of what the will provides. Must be exercised within statutory deadlines.

Intestacy Rules

EPTL Article 4

Distributes the estate of a person who dies without a valid will according to a priority order: spouse and children share first; then parents, siblings, and more remote relatives in order of proximity.

Will Execution Requirements

EPTL §3-2.1

Requires the testator to sign at the end of the will, declare it to two witnesses, and have both witnesses sign within 30 days of each other. The witnesses must be competent and ideally disinterested.

FAQ

New York Estate Laws — Your Questions Answered

What are the requirements for a valid will in New York?
New York's will execution requirements are governed by EPTL §3-2.1. First, the testator must be at least 18 years old and of 'sound mind' — meaning they understand the nature of making a will, the extent of their property, and the natural objects of their bounty. Second, the will must be in writing — New York does not recognize oral wills. Third, the testator must sign the will at the end of the document. Fourth, the testator must publish the will — declaring to the witnesses that the document is their will. Fifth, the will must be signed in the presence of at least two witnesses who both sign the will within 30 days of each other. The witnesses should not be beneficiaries named in the will, because an interested witness can jeopardize their bequest. A self-proving affidavit attached to the will can simplify the probate process. Morgan Legal Group drafts wills that strictly comply with New York's execution requirements and supervises execution ceremonies to ensure validity across all five boroughs and surrounding counties.
What is the New York estate tax and how is it calculated?
New York imposes its own state estate tax on the estates of residents who die domiciled in New York and on the New York real and tangible property of non-residents. For 2024, New York's basic exclusion amount is $6.94 million, indexed for inflation annually. New York estate tax rates range from 3.06% to 16%. New York's most notorious feature is the 'cliff': if the taxable estate exceeds 105% of the basic exclusion amount ($7.287 million for 2024), the exclusion is completely phased out and the entire estate is taxed from the first dollar. New York does not recognize federal portability, meaning a surviving spouse cannot inherit the deceased spouse's unused New York exemption. This makes it essential for married New York couples to structure their estate plans to use both spouses' New York exemptions. Morgan Legal Group advises New York clients on estate tax planning strategies to minimize or eliminate New York estate tax through lifetime gifting, trust structures, and charitable planning.
How does New York's intestacy law determine who inherits if there is no will?
When a New York resident dies without a valid will, their estate is distributed according to New York's intestacy statutes found in EPTL Article 4. New York's intestacy rules follow a strict priority order: if there is a surviving spouse and children, the surviving spouse receives the first $50,000 plus one-half of the remainder, and the children share the other half per stirpes. If there is a surviving spouse but no children, the spouse inherits everything. If there are surviving children but no surviving spouse, the children share equally per stirpes. More distant relatives — parents, siblings — inherit only if there are no surviving spouse or children. Importantly, New York's intestacy law does not recognize common-law marriages, does not automatically include step-children or domestic partners, and has strict rules for non-marital children. The intestacy rules make no provision for friends, charitable organizations, or other intended beneficiaries — making a properly drafted will essential for any New York resident.
What powers does a New York Durable Power of Attorney grant?
New York's Statutory Short Form Power of Attorney, significantly revised effective June 13, 2021, grants an agent broad authority to manage the principal's financial and legal affairs. The New York statutory form covers nine categories of powers that must each be specifically initialed by the principal: real estate transactions; chattel and goods transactions; bond, share, and commodity transactions; banking transactions; business operating transactions; insurance transactions; estate transactions; claims and litigation; and personal and family maintenance. The 2021 revision also created a new optional gift rider provision governing the agent's authority to make gifts. For New York residents, a properly executed Durable Power of Attorney is critical — without one, if the principal becomes incapacitated, a family member would need to commence an Article 81 guardianship proceeding in New York Supreme Court, which is expensive, time-consuming, and public. The New York Power of Attorney Law imposes strict execution requirements: the principal must sign before a notary public, and the document must also be signed by any agent who is not a financial institution. Morgan Legal Group drafts New York statutory powers of attorney in compliance with the 2021 law for clients across all five boroughs and surrounding counties.
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Related Estate Planning Topics

Wills vs. Trusts Revocable Living Trusts Irrevocable Trusts Estate Tax Planning Estate Planning Process Inheritance Disputes Family Disputes in Estate Planning Estate Planning Cost in New York

Additional resources: morganlegalny.com — Estate Planning Overview

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Russel Morgan, Esq. provides clear, practical guidance on all aspects of New York estate law. Serving all five boroughs and surrounding counties since 2000.

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(212) 561-4299888-LAW-1315contact@morganlegalgroup.com