Practice Areas
Common Estate Planning Matters in New York
Estate planning in New York involves navigating both state and federal laws, with particular attention to New York's estate tax thresholds and inheritance laws. The state's Surrogate's Courts handle probate and estate administration matters across all 62 counties. New York's high cost of living and property values make comprehensive estate planning essential for protecting family wealth. The state also has specific requirements for wills, trusts, and powers of attorney that differ from other jurisdictions.
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Estate Planning Attorneys by City in New York
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Why It Matters
Why Hire an Estate Planning Attorney in New York?
New York estate planning law has unique requirements, including specific witness and notarization rules for wills and strict regulations governing trusts. Only attorneys licensed by the New York State Bar can practice estate planning law in the state and represent clients in Surrogate's Court proceedings. Local attorneys understand New York's estate tax exemptions, which differ significantly from federal thresholds.
Local Courts
Estate planning matters in New York are handled by the Surrogate's Courts in each county, which have exclusive jurisdiction over probate, estate administration, and guardianship proceedings. Appeals from Surrogate's Court decisions go to the Appellate Division of the Supreme Court.
New York Law
New York Estate Planning Laws & Deadlines
New York requires wills to be signed by the testator and witnessed by at least two individuals in a specific manner under EPTL § 3-2.1. The state has its own estate tax with exemptions that may differ from federal levels, and contests must generally be filed within seven months of probate admission. New York also has unique rules governing trust formation and administration under the Estates, Powers and Trusts Law.
Key Facts
What to Know About Estate Planning in New York
Cost to You
Free to submit your case
When to Act
As soon as possible — estate planning is for everyone, not just the wealthy
Attorney Cost
Flat fees and hourly rates vary by attorney.
Our Network
Bar-verified estate planning attorneys
Common Questions
Frequently Asked Questions
What makes New York estate planning different from other states?
New York has its own estate tax with exemption amounts that may differ from federal levels, and the state requires specific formalities for wills including detailed witness requirements. The state also has unique trust and estate administration rules under the Estates, Powers and Trusts Law.
How long do I have to contest a will in New York?
In New York, will contests must generally be filed within seven months after the will is admitted to probate in Surrogate's Court. However, certain circumstances may extend or shorten this deadline, making prompt legal consultation essential.
How do I find a qualified estate planning attorney in New York?
Look for attorneys licensed by the New York State Bar with specific experience in estate planning and Surrogate's Court proceedings. Many attorneys focus on New York's unique estate tax laws and trust regulations, which require specialized knowledge of state-specific requirements.
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