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State guide

New York

Estate law, probate process, and inheritance rules for New York — in plain language.

Probate timeline
6–24 months
Small estate threshold
Under $50,000
State taxes
Estate tax: YESInheritance tax: None
Spousal rights in New York

Elective share: greater of $50,000 or one-third of the net estate

Key things to know about New York

State estate tax applies — exemption is ~$7M but the 'cliff' effect can dramatically increase taxes

No state inheritance tax

NYC surrogate's court probate can be extremely slow

Trusts are highly recommended to avoid New York's estate tax and probate delays

Free resource

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