New York Probate: The Complete Guide
Step-by-step New York probate guide: Surrogate's Court filings, executor duties, costs and timelines. Get answers — free consultation: +1 212 518 3868.
Read the guide →New York Probate, Trusts & Estates Guides
In-depth, plain-English guides to probate, trusts, Medicaid, and estate taxes in New York, published by Schwartsman Law Group PLLC and updated for 2026.
The New York Probate Timeline, Month by Month
A realistic month-by-month New York probate timeline from death to distribution, including delays, tax checkpoints, and closing options. Free consultation.
Read the guide →The New York Executor's Complete Handbook
A complete New York executor guide to probate duties, deadlines, SCPA 2307 commissions, and personal liability. Free consult: +1 212 518 3868.
Read the guide →Estate Administration in New York: The Complete Checklist
A complete New York estate administration checklist: documents, filings, assets, debts, taxes, and closing the estate. Free consultation: +1 212 518 3868.
Read the guide →Navigating New York Surrogate's Court
A practical guide to New York Surrogate's Court: venue, filings, citations, NYSCEF e-filing, and probate fees. Free consultation: +1 212 518 3868.
Read the guide →When Someone Dies in New York: The First 30 Days
What to do in the first 30 days after a death in New York: certificates, funerals, notifications, and when probate or administration must start. +1 212 518 3868.
Read the guide →How to Avoid Probate in New York: 7 Strategies
Learn 7 proven ways to avoid probate in New York — living trusts, TOD deeds, joint ownership and more. Book a free consultation: +1 212 518 3868.
Read the guide →Wills vs. Trusts in New York: Which Do You Need?
Compare wills and trusts in New York on probate, privacy, cost, and control, and see which plan fits your family. Free consultation: +1 212 518 3868.
Read the guide →Revocable Living Trusts in New York: The Complete Guide
How a revocable living trust works in New York — funding, costs, probate savings and limits. Free consultation: +1 212 518 3868.
Read the guide →Irrevocable Trusts in New York
How irrevocable trusts work in New York, MAPT, ILIT, and SLAT options, taxation, and probate avoidance. Free consultation: +1 212 518 3868.
Read the guide →Trust Administration in New York
How New York trust administration works: trustee duties, EPTL 11-A income and principal rules, taxes, distributions, and probate-free transfers. Free consult.
Read the guide →The Complete New York Estate Planning Checklist
A step-by-step New York estate planning checklist covering documents, beneficiaries, titling, taxes, and probate exposure. Free consultation: +1 212 518 3868.
Read the guide →Medicaid Asset Protection Trusts in New York
Protect your home and savings from nursing-home costs with a New York MAPT. 60-month look-back explained. Free consultation: +1 212 518 3868.
Read the guide →Elder Law Planning in New York
New York elder law planning by decade: long-term care costs, Medicaid vs. private pay, home protection, and elder abuse safeguards. Call (212) 518-3868.
Read the guide →Estate Planning After 65 in New York
Updating estate plans after 65 in New York: capacity, titling, RMDs, avoiding probate for widows, and scam protection. Free consultation: +1 212 518 3868.
Read the guide →The New York Estate Tax Cliff: How It Works and How to Avoid It
NY's estate tax cliff can erase the entire $7.35M exemption. See how the 105% rule works and planning moves that avoid it. Free consultation: +1 212 518 3868.
Read the guide →Smart Gifting Strategies for New Yorkers
Annual exclusion gifts, 529 plans, family loans, and the NY 3-year add-back — smart gifting to cut probate estates. Free consultation: +1 212 518 3868.
Read the guide →Dying Without a Will in New York: Who Inherits?
Who inherits when someone dies without a will in NY? EPTL 4-1.1 rules for spouses, children & relatives explained. Free consultation: +1 212 518 3868.
Read the guide →Special Needs Trusts in New York: A Family Guide
Protect SSI & Medicaid while providing for a loved one with a disability. First-party, third-party & pooled SNTs compared. Free consult: (212) 518-3868.
Read the guide →Guardianship in New York: The Complete Family Guide
Article 81 vs. SCPA 17-A guardianship in New York explained: petitions, court evaluators, costs, and alternatives. Free consultation: +1 212 518 3868.
Read the guide →Power of Attorney in New York: The Complete Guide
How NY's 2021 POA law works: execution rules, agent duties, gifting, and what to do when banks refuse. Free consultation: +1 212 518 3868.
Read the guide →Health Care Directives in New York
Health care proxy, living will, MOLST, and DNR compared for New York families, plus FHCDA surrogates and HIPAA releases. Free consultation: +1 212 518 3868.
Read the guide →Contesting a Will in New York: Grounds, Process, and Deadlines
Who can contest a New York will, the four legal grounds, SCPA 1404 exams, and key deadlines—explained in plain English. Free consult: (212) 518-3868.
Read the guide →Estate Planning for Blended Families in New York
Protect a second spouse and first-family children under New York law: elective share, QTIP trusts, prenups. Free consultation: (212) 518-3868.
Read the guide →Digital Estate Planning in New York
How EPTL Article 13-A governs digital assets, passwords, and crypto after death in New York. Free consultation: (212) 518-3868.
Read the guide →Life Insurance in New York Estate Planning
Life insurance and New York estate tax: ownership, the 3-year rule, ILITs, and beneficiary design done right. Free consultation: +1 212 518 3868.
Read the guide →Retirement Accounts and Your New York Estate Plan
IRAs, 401(k)s, the SECURE Act 10-year rule, trusts as beneficiaries, and New York estate tax. Guidance from Schwartsman Law Group: +1 212 518 3868.
Read the guide →Business Succession Planning in New York
Plan your business exit in New York: exit paths, buy-sell agreements, valuation, ESOPs, and taxes at transfer. Free consultation: +1 212 518 3868.
Read the guide →Asset Protection in New York: Legal Strategies That Work
How New York asset protection actually works: timing, exempt assets, LLCs, irrevocable trusts, and why DAPTs fail. Free consult: +1 212 518 3868.
Read the guide →Estate Planning for Non-Citizens and Cross-Border Families in New York
QDOTs, the $60,000 NRA exemption, foreign trusts, FIRPTA, and treaty relief for cross-border families in New York. Free consultation: (212) 518-3868.
Read the guide →New York Trusts & Estates Glossary: 70 Terms Explained in Plain English
70 New York trusts and estates terms—probate, EPTL, elective share, QTIP, MAPT—defined in plain English. Questions? Free consultation: (212) 518-3868.
Read the guide →Online Will Generators vs. Working With an Attorney: What the Cheap Template Doesn't Buy You
What online will generators do well, what their fine print leaves out, and when a New York estate attorney is worth the difference in price.
Read the guide →The First Week After a Death in New York: 7 Practical Steps
A practical New York checklist for the first week after a death: securing property, finding the will, and what to do before Letters are issued.
Read the guide →How to Find a Missing Will in New York
Practical places to search for a missing will in New York, from safe deposit boxes to court filings, and what happens if it truly can't be found.
Read the guide →Who Can Read a Will in New York, Before and After Probate
Who has a legal right to see a will in New York while the testator is alive, during probate, and after it becomes a public court record.
Read the guide →How Many NY Death Certificates to Order (Mini Guide)
Who can order a certified New York death certificate, the difference between NYC and state records, and how to plan for the copies you'll need.
Read the guide →Who Pays for a Funeral in New York, and Can the Estate Reimburse You?
Who is responsible for funeral costs in New York, why reasonable funeral expenses get priority in an estate, and how reimbursement works.
Read the guide →Notifying Social Security After a Death in New York: What to Know
How Social Security typically learns of a death, why prompt notice matters, and what survivor benefits families should ask about in New York.
Read the guide →Kings County Surrogate's Court: A Practical Guide for Brooklyn Families
Practical guide to Kings County Surrogate's Court, 2 Johnson Street, Brooklyn: filings, departments, NYSCEF, SCPA 2402 fees, timelines and heirs abroad.
Read the guide →Nassau County Surrogate's Court: A Practical Guide for Long Island Families
Practical guide to Nassau County Surrogate's Court, 262 Old Country Road, Mineola: filings, departments, NYSCEF, SCPA 2402 fees and timelines.
Read the guide →New York Transfer on Death Deed: How It Works (2026)
How a New York transfer-on-death deed works under RPL 424: capacity, notary and two witnesses, recording before death, revocation, co-ops, and pitfalls.
Read the guide →My Life series
Quick guides to everyday situations — and how trusts, wills, powers of attorney, and healthcare proxies solve them.
I Bought a Car Through My Business — Why Would I Need a Trust?
You bought a car through your New York LLC. What business titling really protects, what happens at your death, and how a trust keeps the LLC out of probate.
Read the guide →My Parent Passed Away Without a Will — What Do I Do Now?
When a parent dies without a will in New York, intestacy law decides who inherits. Learn how Surrogate's Court administration works and what to do first.
Read the guide →My Elderly Parent on Medicaid Bought a Condo — What Should We Do?
Your elderly parent on New York Medicaid bought a condo. What it means for their benefits, the look-back and estate recovery rules, and how to act fast.
Read the guide →We Just Had a Baby — Who Would Raise Them If Something Happened to Us?
New parents in New York: how to name a guardian in your will, set up a trust for your child, and put life insurance and key documents in place early.
Read the guide →I'm Buying My First Home in New York — Should It Go Into a Trust?
Buying your first New York home? How to take title, what probate means for a solo-owned house, and when a revocable living trust is worth setting up.
Read the guide →I'm Remarrying — How Do I Protect My Kids and My New Spouse?
Remarrying in New York with children? How the elective share works, why default rules fail blended families, and trusts that provide for both spouse and kids.
Read the guide →I'm Getting Divorced — Which Documents Do I Update First?
Divorcing in New York? Learn which estate planning documents to update first — your will, beneficiaries, power of attorney, healthcare proxy, and trusts.
Read the guide →Mom Is Getting Forgetful — Is It Too Late for a Power of Attorney?
Is it too late for a power of attorney after a dementia diagnosis? How New York capacity rules work, what guardianship means, and why acting early matters.
Read the guide →My Child Turned 18 — Why They Suddenly Need Their Own Legal Documents
At 18 parents lose automatic legal authority. The healthcare proxy, HIPAA release, and power of attorney every New York 18-year-old should sign — and why.
Read the guide →My Side Hustle Is Growing — When Do I Need an LLC and a Plan Behind It?
Your side hustle is real income. When a New York freelancer needs an LLC, how to separate business and personal wealth, and why an estate plan matters.
Read the guide →My Siblings and I Inherited a House — Now What?
You and your siblings inherited a New York house. Co-ownership rules, partition risk, buyouts, taxes and the step-up in basis, and how to keep the peace.
Read the guide →Planning for a Child with Special Needs: Why an Inheritance Can Hurt
A direct inheritance can cost a child with special needs their SSI and Medicaid. How supplemental needs trusts, ABLE accounts, and guardianship planning help.
Read the guide →We're Not Married but Buying a Home Together — What Protects Us?
Buying a home with a partner you're not married to in New York? How title choices, wills, trusts, healthcare proxies, and agreements protect you both.
Read the guide →A Health Scare With No Healthcare Proxy: What New York Law Decides for You
Hospitalized in New York without a healthcare proxy? State law picks your decision-maker for you. How the FHCDA priority list works and how to opt out.
Read the guide →I Bought a Rental Property — How Do I Protect Everything Else I Own?
Bought a rental property in New York? How an LLC, umbrella insurance, and a trust protect your home and savings from landlord liability and probate.
Read the guide →My Wealth series
How wealthy families and business owners pass on generational wealth — the estate planning tools explained, from long-term trusts to cross-border planning.
Buy, Borrow, Die: The Strategy Behind Never Selling
How the buy, borrow, die strategy works — holding appreciated assets, borrowing against them, and the step-up in basis — and what New Yorkers can adapt.
Read the guide →Dynasty Trusts: Building Wealth That Outlives You by Design
How wealthy families use dynasty trusts to pass assets down for generations without repeated estate taxes, and how NY families can build one at scale.
Read the guide →The Rockefeller Method: How One Family Kept Its Wealth for Seven Generations
How the Rockefellers used trusts, trust-owned life insurance, and family governance to preserve wealth for generations — and the NY family version.
Read the guide →The Step-Up in Basis: The Quietest Tax Break in America
How the step-up in basis erases decades of capital gains at death, the mistakes that destroy it, and how New York families position assets to capture it.
Read the guide →GRATs: How the Waltons Moved Billions Tax-Free — the Mechanics
How grantor retained annuity trusts (GRATs) let the Waltons shift asset growth to heirs gift-tax-free, and when a New York family should use one.
Read the guide →SLATs: The Married Couple's Have-It-Both-Ways Trust
How couples use spousal lifetime access trusts (SLATs) to lock in estate tax exemptions without losing access to the money, plus NY planning angles.
Read the guide →The Irrevocable Life Insurance Trust: Estate-Tax-Free Liquidity
How irrevocable life insurance trusts (ILITs) keep policy proceeds out of the taxable estate, how Crummey notices work, and how New York families use them.
Read the guide →Family LLCs and Partnerships: Control Everything, Own Less
How wealthy families use family LLCs and limited partnerships to transfer wealth at a discount while keeping control — and how NY families can do the same.
Read the guide →Generation-Skipping Planning: Why the Richest Families Skip a Tax, Not a Child
Why the GST tax exists, how wealthy families allocate the exemption to dynasty trusts so wealth skips estate tax for generations, and the New York angle.
Read the guide →Foundations, CRTs, and Donor-Advised Funds: Giving Like the Gilded Age
How wealthy families use private foundations, charitable remainder trusts, and donor-advised funds to combine giving with tax and estate planning in New York.
Read the guide →The New York Estate Tax Cliff: Strategies Wealthy Families Use to Step Back From the Edge
How the New York estate tax cliff works, and the strategies families use to step back — Santa Clause bequests, early gifts, SLATs, credit shelter trusts.
Read the guide →How Real Estate Dynasties Structure Ownership: LLCs, Trusts, and the Long Game
The ownership stack real estate dynasties use — an LLC per property, a holding company, trusts on top, a never-sell tax strategy — scaled for NY owners.
Read the guide →Small Business Owners: Your Company Is Your Biggest Asset — Treat It Like One
Why New York small business owners need buy-sell agreements, key-person planning, and trusts — and what happens to a company when the owner dies with no plan.
Read the guide →The Holding Company Playbook for Growing Businesses
How growing New York businesses use holding companies: holdco-opco separation, protecting assets from lawsuits, trusts owning shares, and succession planning.
Read the guide →Large Family Enterprises: Voting Shares, Boards, and Trusts That Keep the Peace
How large family enterprises use voting recapitalizations, family constitutions, independent trustees, and dynasty trusts to survive the third generation.
Read the guide →Quick Answers
Short, direct answers to the questions New York families actually search — costs, timelines, and what to do next.
Can Medicaid Take My House in New York?
When New York Medicaid can reach your home, how estate recovery works, the 60-month look-back, and how a Medicaid trust protects the house.
Read the guide →Do I Need a Lawyer for Probate in New York?
When you can handle New York probate yourself, when a lawyer is essential, and the mistakes that expose executors to personal liability.
Read the guide →Do I Need Probate for a Joint Bank Account in New York?
Whether a joint bank account goes through probate in New York, when the survivor takes it automatically, and the exceptions families should know.
Read the guide →How Do I Avoid Probate in New York?
Four proven ways to avoid probate in New York — living trusts, beneficiary designations, joint ownership, and small estate rules — and their trade-offs.
Read the guide →How Long Does Probate Take in New York?
Realistic probate timelines in New York Surrogate's Court: what a simple estate looks like, what causes delays, and how to keep things moving.
Read the guide →How Much Does a Trust Cost in New York?
What trusts cost in New York: what drives the price of revocable living trusts and Medicaid Asset Protection Trusts, and how flat-fee quotes work.
Read the guide →Trust vs. Will in New York: What's the Cost Difference?
A New York will costs less upfront than a living trust package — but the real comparison includes probate costs your family pays later.
Read the guide →What Does an Executor Get Paid in New York?
How New York executor commissions work under SCPA 2307: the sliding 5% to 2% brackets, what property counts, and when executors waive the fee.
Read the guide →What Happens to a House When Someone Dies Without a Will in New York?
Who inherits a house when someone dies without a will in New York, how intestate succession works, and why co-owned inherited homes cause disputes.
Read the guide →How Much Does a Will Cost in New York?
What drives the cost of an attorney-drafted will in New York, what a flat fee covers, and why many clients add a power of attorney and health care proxy.
Read the guide →How Much Does Probate Cost in Brooklyn?
Brooklyn probate costs explained: SCPA 2402 filing fees at Kings County Surrogate's Court, executor commissions, other expenses, and what drives attorney fees.
Read the guide →New York Estate Tax Exemption 2026: $7.35 Million and the 105% Rule
New York's 2026 estate tax exclusion is $7,350,000. Tax rises steeply from $7,350,000 to $7,717,500, then the exclusion credit is unavailable.
Read the guide →Get each issue by email
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