How to Avoid Probate in New York
The legal ways to pass property outside probate in New York: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: transfer on death deeds for real property, signed before two witnesses, notarized and recorded before death (N.Y. Real Prop. Law § 424); N.Y. Real Prop. Law § 424; EPTL 7-1.16; SCPA § 1301
| Ways to avoid probate | Non-probate options include: transfer on death deeds for real property, signed before two witnesses, notarized and recorded before death (N.Y. Real Prop. Law § 424); revocable lifetime trusts that expressly say they are revocable (EPTL 7-1.16); automatic passage of one vehicle worth $25,000 or less to a surviving spouse (or children under 21); and voluntary administration for small estates of personal property worth $50,000 or less (SCPA §§ 1301-1303). |
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| Small estate affidavit | New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death. |
| Transfer-on-death deed | Yes. An owner with the capacity needed to make a will may sign a transfer on death deed naming one or more beneficiaries. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, be signed in front of two witnesses present at the same time, be acknowledged before a notary, and be recorded in the county clerk's office before the owner's death. It can be revoked only by a later recorded instrument (not by destroying it). The statute includes optional forms for the deed and a revocation. After death, the estate may reach the property if the probate estate cannot cover debts, but only within 18 months of death. Source: N.Y. Real Prop. Law § 424 |
More New York estate law
- Medical Power of Attorney in New York
- Small Estate Affidavit in New York
- Power of Attorney in New York
- Quitclaim Deeds and Transferring Property in New York
- Who Inherits If You Die Without a Will in New York
- How to Make a Valid Will in New York
- How Probate Works in New York
- Living Wills and Advance Directives in New York
- Revocable Living Trusts in New York
- Executor Duties in New York
- Letters Testamentary in New York
- Affidavit of Heirship in New York
- Transferring a Car After Someone Dies in New York
- All New York wills, probate and estate rules
FAQ
How can you avoid probate in New York?
Non-probate options include: transfer on death deeds for real property, signed before two witnesses, notarized and recorded before death (N.Y. Real Prop. Law § 424); revocable lifetime trusts that expressly say they are revocable (EPTL 7-1.16); automatic passage of one vehicle worth $25,000 or less to a surviving spouse (or children under 21); and voluntary administration for small estates of personal property worth $50,000 or less (SCPA §§ 1301-1303).
What is the small estate limit in New York?
New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death.
Does New York allow transfer-on-death deeds?
Yes. An owner with the capacity needed to make a will may sign a transfer on death deed naming one or more beneficiaries. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, be signed in front of two witnesses present at the same time, be acknowledged before a notary, and be recorded in the county clerk's office before the owner's death. It can be revoked only by a later recorded instrument (not by destroying it). The statute includes optional forms for the deed and a revocation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.