New York
Estate law, probate process, and inheritance rules for New York — in plain language.
3–5% of estate value typical
Small estate proceeding (SCPA Article 13)
Rate: 3.06%–16% graduated, with severe 'cliff' effect over 105% of threshold
Elective share: greater of $50,000 or 1/3 of net estate (EPTL §5-1.1)
Spouse + descendants: spouse takes first $50K + 1/2 of remainder; descendants share remainder.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱No deadline to probate will, but practical reasons to file within 1 year
- ⏱Estate tax return (ET-706) due 9 months after death
- ⏱Inventory of assets due 6 months after appointment
- ⚠NYC Surrogate's Court is notoriously slow (12+ months common)
- ⚠Estate tax 'cliff': estates 5%+ over threshold lose entire exemption
- ⚠Real estate in multiple boroughs may have complex titling
- →Revocable trust strongly recommended for NY residents with estates > $1M
- →Lifetime gifting to stay under the threshold cliff
- →Use disclaimer trusts for surviving-spouse planning
- NY Estates, Powers and Trusts Law (EPTL)
- Surrogate's Court Procedure Act (SCPA)
- Tax Law §952
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in New York.
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