States / New York / Wills, estates & planning ahead
Wills, estates & planning ahead
Legal help in New York
A prepaid benefit may help you make or review basic estate documents. A will, authority during illness, and settling an estate after death solve different problems; one document package does not automatically do all three.
Compare New York estate-planning rules with another state
Practical routes source-checked October 15, 2026. Existing will-signing and selected inheritance research retains its October 11 date. Not a complete estate, execution, or plan-coverage review.
All wills, estates & planning ahead situations · All New York topics
New York · Wills, estates & planning ahead
I need a will or want to update one
Source-checked October 15, 2026. The will-signing research below retains its October 11 date. Individual family and property questions need review.
What to do first
Start with who depends on you, who should make decisions if you cannot, and who should receive or manage what you leave.
Deadlines and urgent risks
A drafted form is not necessarily a validly executed will. Signing rules, family circumstances, and asset ownership need attention.
Steps to take
Inventory accounts, titles, debts, beneficiaries, and existing documents. Tell the lawyer who depends on you, who should manage property, and whether there are children from another relationship or a dependent needing special protection.
Ask what needs coordination beyond the will. Review account beneficiaries and joint ownership alongside the proposed document. Naming an executor does not itself change a beneficiary form or create authority to manage your finances during life.
From our New York research
Previously reviewed state point. Check the linked source and current instructions; exceptions and local procedure still matter.
Wills
At least two witnesses must attest and sign within one 30-day period.
The testator must declare that the document is a will and request the witnesses' signatures. The 30-day rule is not a suggestion to sign casually in separate sessions; follow a qualified professional's execution instructions.
Estates, Powers and Trusts Law section 3-2.1
Ask your prepaid planAsk whether a simple will, revisions, and signing guidance are included. Trusts, tax planning, or probate work may need a different benefit or paid engagement.
Planning follow-through: Who supervises the will ceremony, and are the instructions current for the date I actually sign? Compare will-signing rules and prepaid help. Estate comparison reviewed October 11, 2026.
What may happen next
Ask who supervises signing, where to keep the original, and what revisions cost after a family change or move. New York Courts' will guide discusses storage and warns against removing staples when making copies. Keep the original intact rather than treating it as an ordinary editable file.
Documents to gather
Existing will and trusts, asset and debt inventory, beneficiary forms, and intended decision-makers.
Do not enter documents or private case details into this site's search.
Which rules apply?
The signing ceremony, family rights, asset ownership, and probate process are separate checks. Ask a New York lawyer to review an old or out-of-state document rather than assuming a change of address alone makes it valid or invalid.
Read the full prepaid-focused guide
Where prepaid help may fit
An eligible simple-will benefit may provide a consultation, drafting, or lawyer review. Ask whether revisions, signing supervision or instructions, and beneficiary coordination are included, and which completed tasks you will receive.
What it may not cover
Trusts, funding or title changes, special-needs planning, tax advice, complex family provisions, and future probate may require separate expertise and fees. Included documents are not a promise that someone changes every account or handles the estate later.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Does a will alone finish my estate plan?
Not necessarily. Check account beneficiaries, ownership, lifetime decision-making, signing, storage, and future updates. Ask the lawyer which tasks matter for your family before paying for additional documents or a trust.
What should I confirm about the plan's will service?
Whether a New York lawyer discusses your circumstances, drafts or only reviews the document, explains execution, and handles changes. Confirm effective coverage and any restrictions on trusts, complex provisions, or signing services.
All wills, estates & planning ahead situations · All New York topics
New York · Wills, estates & planning ahead
I want someone to help if I cannot decide
Source-checked October 15, 2026. Document roles and selected safeguards, not a complete signing checklist or capacity assessment.
What to do first
Choose willing, trusted people and backups for health and financial decisions. Discuss what matters to you, what help you want, and any limits. The same person may serve in both roles, but the authority is different.
Deadlines and urgent risks
A will does not appoint someone to act during your lifetime. Financial authority and health-care decisions use different documents and rules.
Steps to take
Health care proxy: appoints someone for health decisions. The New York Attorney General's guidance explains that the standard appointment does not require a lawyer or notary, but needs two adult witnesses; the agent or alternate cannot witness. Special situations need individual review.
Financial power of attorney: covers specified non-health financial or legal acts. It has separate New York execution and effectiveness requirements. Ask what powers begin when, who may act, and what safeguards or limits fit. Do not reuse the proxy's witness-only instructions for a financial power.
Treatment wishes: the Attorney General distinguishes a living will from a proxy and financial power. Talk with your clinician and agent about your wishes, and ask how to document them. A financial agent does not automatically become your health care agent.
What may happen next
Get document-specific signing instructions and distribute appropriate copies to agents, clinicians, and institutions. Keep them accessible. If capacity or authority is already disputed, ask a lawyer about existing documents and lawful alternatives instead of assuming a new form solves the problem.
Documents to gather
Existing authority documents, trusted contacts, care preferences, and relevant account information.
Do not enter documents or private case details into this site's search.
Which rules apply?
Health and financial authority have different legal rules. Facility-specific safeguards, another state's requirements, or a possible guardianship need separate attention. An execution overview cannot determine an individual's capacity or authority.
Read the full prepaid-focused guide
Where prepaid help may fit
Ask whether the plan includes a New York lawyer's advice on proxy and financial-agent choice, scope, backups, signing, and revisions. A useful benefit explains the authority you are creating, not only which form to download.
What it may not cover
A basic package is not a capacity evaluation, guardianship case, or guarantee every institution accepts a document. Urgent authority disputes, complex gifts or financial powers, and specialist planning may need a separate engagement.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Can one financial power cover health decisions too?
Do not treat the documents as interchangeable. New York uses a health care proxy to appoint a health agent; a financial power addresses non-health matters. Ask about coordinated documents even if you choose the same trusted person for both roles.
Why use plan advice if the health proxy form is free?
You do not need to pay merely to access the official form. A covered consultation may help with agent choice, limits, other documents, and unusual circumstances. Confirm that advice is included and request the exact signing instructions.
All wills, estates & planning ahead situations · All New York topics
New York · Wills, estates & planning ahead
Someone died or there is no will
Source-checked October 15, 2026. Court-procedure starting points; the selected inheritance note below retains its October 11 date.
What to do first
Locate the original will, death certificate, account ownership and beneficiaries, debts, and family information. Ask which assets require court authority and who is eligible to apply; do not assume being named in a will gives immediate access.
Deadlines and urgent risks
A will, no-will inheritance rules, and beneficiary transfers are different checks. Do not distribute property based only on a simplified inheritance summary.
Steps to take
Small estate is a procedure, not an inheritance share. SCPA 1301 defines a small estate by personal property with a gross value of $50,000 or less, excluding specified family set-off property. The calculation is not simply every asset minus debts.
Real property needs a separate check. SCPA 1302 says Article 13 does not administer real property, but ownership of it does not itself prevent using the article for personal property. Do not treat a small-estate certificate as authority to transfer a home. Ask the Surrogate's Court or a lawyer which overall route fits, especially if a probate case or lawsuit is involved.
New York Courts offers a free Small Estate Affidavit program with its own eligibility limits. It prepares papers for filing in Surrogate's Court; it does not make you the administrator or complete the transfers. An original will and certified death certificate may be needed.
New York: a selected no-will distinction
Spouse: first $50,000, then half of the remainder.
When a spouse and descendants survive, descendants receive the balance by representation. This is the intestate estate after specified deductions, not a split of every account, insurance payment, or jointly owned asset.
EPTL 4-1.1
Reviewed October 11, 2026. Selected spouse/descendant rules, not a full inheritance calculation. Non-probate assets and family exceptions need separate review.
What may happen next
The court may issue asset-specific certificates in voluntary administration, or another proceeding may be needed. Probate of a will involves proving it and appointing an executor. Ask about notices, creditors, court authority, and distribution before moving estate funds.
Documents to gather
Death certificate, original will if found, account titles and beneficiaries, debt information, and family relationships.
Do not enter documents or private case details into this site's search.
Which rules apply?
Surrogate's Court handles the estate proceeding; county filing practices and e-filing availability need confirmation. A bank's requested paperwork is not the whole eligibility test. An out-of-state decedent, real estate, or a potential lawsuit needs individual review.
Read the full prepaid-focused guide
Where prepaid help may fit
An eligible consultation may identify the likely court route, explain initial paperwork, and review a proposed affidavit. Ask who the client is and whether the lawyer advises you personally or is accepting representation of an estate fiduciary.
What it may not cover
A will-drafting benefit does not automatically pay for estate administration, petitions, notices, creditor disputes, tax returns, or court appearances. Ask whether the actual product has any probate benefit and who qualifies to use it.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Are the two $50,000 figures on this page the same rule?
No. The small-estate figure is a gross-personal-property procedure test with specified exclusions. The spouse's first $50,000 below concerns a selected no-will inheritance rule. Do not subtract that inheritance share to assume the estate qualifies for voluntary administration.
Does completing the free program settle the estate?
No. The program prepares paperwork. Filing, eligibility, court-issued authority, collecting assets, debts, and distribution still need attention. Ask which of those tasks a plan lawyer will handle and obtain a quote for anything outside the benefit.
Official contacts and more help
State court and legal-help directory
County or court details: Use the court named on your papers. Ask about local forms, filing, service, fees, response dates, and hearings. A statewide form may need local additions.
Find local civil legal aid. Eligibility, scope, and availability vary; applying does not establish representation or stop a deadline.
These agencies and directories serve different purposes. Court staff explain procedure, not individualized advice. Civil legal aid is not the usual source of criminal defense.
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