Wills and estate planning in New York

Researched 2026-10-20 · confidence: medium · 2026 figures

In plain words: in New York a will is valid when it's signed in front of 2 adult witnesses. There is a state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2 (a third is a common precaution here)
Handwritten (holographic) will	Not recognised
Self-proving affidavit	Available
Electronic wills	Not allowed
Power of attorney	Notary + 2 witnesses
Health care directive	2 witnesses
State estate tax	Yes
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: EPTL 3-2.1.

A gift to an attesting witness is void unless the will is also attested by 2 other disinterested witnesses, but the witness may still take up to their intestate share (EPTL 3-3.2).

Formal ceremony required by EPTL 3-2.1. The testator signs at the end and signs or acknowledges the signature to each witness. The testator must publish (declare) the instrument as their will. The 2 witnesses must sign within a 30-day period. Holographic and nuncupative wills are valid only for armed-forces members in conflict, those accompanying them, and mariners at sea (EPTL 3-2.2). The New York Electronic Wills Act (EPTL 3-6.1 to 3-6.9) was signed 12 Dec 2025 and takes effect 12 Dec 2027; it allows remote witnesses and requires filing with the Unified Court System within 30 days. It is set to false here because it is not yet in effect; a chapter amendment (A9497) was pending. The self-proving affidavit under SCPA 1406 comes from prior knowledge and was not fetched.

Power of attorney

Statute: N.Y. General Obligations Law §§ 5-1501 to 5-1514 (execution § 5-1501B; Statutory Short Form § 5-1513), as amended effective 13 June 2021.

MANDATORY FORMAT. The app should generate the GOL § 5-1513 Statutory Short Form, which must 'substantially conform' to the statute. Every NY POA, statutory or non-statutory, must include the exact 'Caution to the Principal' and 'Important Information for the Agent' notices (5-1501B(2)). It must be typed or printed in at least 12-point type. The principal signs, initials and dates, with the signature acknowledged like a deed. Two witnesses who are not agents or permitted gift recipients must witness under EPTL 3-2.1(a)(2); the notary may be one of them. Each agent must also sign and have the signature acknowledged, and the POA is effective only when that is done (5-1501B(1), (3)). Gift authority is granted in the form's Modifications section by initialing 'certain gift transactions'; the old Statutory Gifts Rider was repealed in 2021. Non-statutory POAs are possible but carry the same execution formalities; use the short form.

Health care directive

Called: Health Care Proxy (plus a non-statutory Living Will).

Statute: Health Care Proxy: N.Y. Public Health Law Art. 29-C, § 2980 et seq. (execution § 2981). Living will: no statute (recognized by case law)..

The appointed agent (and in practice the alternate) may not witness (PHL § 2981(2)). In facilities run by the Office of Mental Health or the Office for People With Developmental Disabilities, at least one witness must be unaffiliated with the facility, and one must be a qualified clinician as specified.

Requires 2 adult witnesses and no notary. Remote audio-video witnessing is allowed under PHL § 2981(2-a) conditions: viewing photo ID, direct interaction, and returning a signed copy within 24 hours. The NY Department of Health publishes form DOH-1430, but the URL could not be verified (403), so it is left null. Living wills are enforced under the clear-and-convincing-evidence standard of Matter of Westchester County Medical Center (O'Connor), 72 N.Y.2d 517 (1988); witness them like the proxy.

If there's no will: what a spouse gets

When there are a spouse and issue, the spouse takes $50,000 plus one-half of the residue and the issue take the rest, even if all children are the spouse's (EPTL 4-1.1(a)(1)).

A spouse's right to a share

The surviving spouse may elect the greater of $50,000 or one-third of the net estate, including testamentary substitutes (EPTL 5-1.1-A).

Estate and inheritance tax

Yes, a New York estate tax applies (Tax Law § 952). The 2026 basic exclusion is $7,350,000 for deaths in 2026. There is a cliff: estates above 105% of the exclusion ($7,717,500) lose it entirely, and there is no portability.

No inheritance tax.

Probate

Moderately heavy: probate runs in Surrogate's Court with notice or waivers from distributees. Voluntary (small estate) administration is available when personal property is $50,000 or less, excluding real property, jointly held and beneficiary-designated assets, and exempt property (SCPA 1301).

Money God drafts a New York will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.