"Do I need an estate plan in New York?"

"Yes. Without an estate plan, New York law makes critical decisions for you: who inherits, who manages your estate, and who makes medical decisions if you become incapacitated. For Westchester families with substantial assets, the cost of not planning can be hundreds of thousands in unnecessary taxes and court expenses."

"What documents are included in an estate plan?"

"A complete estate plan typically includes a will or revocable trust, a durable power of attorney, a health care proxy, a living will, and possibly irrevocable trusts or beneficiary designations. The right combination depends on your family's circumstances, asset size, and planning goals."

"How much does estate planning cost in Westchester County?"

"Basic estate planning for a married couple typically ranges from $2,000 to $5,000. More complex plans involving trusts, tax planning, or multi-state property ownership cost more. The cost of planning is modest compared to the tax liability and court expenses that result from no planning."

"When should I update my estate plan?"

"Review your plan after any major life event: marriage, divorce, birth of a child, significant change in assets, or move to/from New York. Also review every 3-5 years, as the New York estate tax exclusion adjusts annually for inflation and your assets likely change over time."

"What is the difference between a will and a trust?"

"A will goes through probate and is supervised by the court. A revocable trust avoids probate, keeps your affairs private, and takes effect immediately at death. A will costs less upfront but requires probate administration. A trust costs more to create but is often more efficient for larger or complex estates."

Estate Planning in Westchester County: What Every Family Should Know

Estate planning is the process of arranging for the management and transfer of your assets during your lifetime and after your death. For Westchester County families, estate planning involves a specific set of New York legal instruments, tax considerations, and court procedures that differ significantly from other states.

This guide provides an overview of the essential components of an estate plan under New York law, with attention to the issues that matter most in Westchester County.

Why Estate Planning Matters

Without an estate plan, New York law makes every major decision for you. The state decides who inherits your property under the intestacy statute, who manages your estate through an administration proceeding in Surrogate’s Court, and who makes medical decisions if you become incapacitated (no one, without a health care proxy).

For Westchester families, the stakes are often substantial. Property values in communities like Scarsdale, Bronxville, Rye, Chappaqua, and Larchmont can exceed $1,500,000. Retirement accounts, investment portfolios, and life insurance add further value. Without planning, the New York estate tax (which applies to estates exceeding $7,350,000 in 2026) can consume hundreds of thousands of dollars that could have been preserved for the next generation.

The Core Documents

A complete estate plan under New York law typically includes the following:

Last Will and Testament

A will is the foundational document. Under EPTL 3-2.1, a New York will must be in writing, signed by the testator at the end of the document, and signed by at least two attesting witnesses within thirty days of each other. The testator must declare the instrument to be his or her will and sign it (or acknowledge the signature) in the presence of each witness.

A will does several things: it names an executor to administer the estate, identifies beneficiaries who will receive specific assets or shares of the residuary estate, nominates a guardian for minor children, and can create testamentary trusts. Without a will, none of these choices are available.

For more detail, see Wills in New York.

Revocable Living Trust

A revocable living trust is a trust created during the grantor’s lifetime that can be amended or revoked at any time. Assets transferred to the trust during life avoid probate at death, which means they pass to beneficiaries without court involvement.

In New York, revocable trusts are governed by EPTL Article 7 (and the newly adopted Uniform Trust Code provisions in Article 7-A). They are particularly useful for families who own real property in multiple states, families who value privacy (probate is a public proceeding), and families whose assets are complex enough that court-supervised administration would be burdensome.

A revocable trust does not, by itself, provide estate tax savings. But it can be structured to include credit shelter trust provisions that preserve both spouses’ New York estate tax exclusions.

For more detail, see Revocable Living Trusts.

Power of Attorney

A power of attorney allows you to designate an agent to handle financial and legal matters on your behalf if you become unable to do so yourself. New York has a specific statutory form for powers of attorney (General Obligations Law Section 5-1501B), and the requirements for valid execution are strict.

The agent under a power of attorney can manage bank accounts, pay bills, file tax returns, manage real property, and handle investment accounts. Without a power of attorney, a family member would need to commence an Article 81 guardianship to obtain this authority, which is expensive, time-consuming, and public.

For more detail, see Power of Attorney in New York.

Health Care Proxy

A health care proxy designates an agent to make medical decisions on your behalf if you lose the capacity to make them yourself. Under New York Public Health Law Section 2981, the proxy must be signed by the principal and two witnesses, and the agent cannot serve as a witness.

A health care proxy is distinct from a living will. A living will states your preferences regarding end-of-life treatment. A health care proxy gives a specific person the authority to make real-time medical decisions based on the circumstances as they develop. Most estate planning attorneys in New York recommend both.

For more detail, see Health Care Proxy in New York.

The New York Estate Tax

New York imposes its own estate tax on the estates of New York residents, separate from the federal estate tax. For 2026, the basic exclusion amount is $7,350,000. Estates exceeding that amount are taxed at graduated rates from 3.06% to 16%.

New York’s estate tax includes a “cliff” provision: if the taxable estate exceeds 105% of the exclusion ($7,717,500 in 2026), the entire exclusion disappears and the full estate is taxed from the first dollar. This provision has no equivalent in any other state or in the federal tax system.

The federal estate tax exemption, by contrast, is $15,000,000 per person following the One Big Beautiful Bill Act of 2025. This means many Westchester families will face a New York estate tax liability without owing any federal estate tax.

For a full discussion, see New York Estate Tax: A Complete Guide and The New York Estate Tax Cliff.

Key Planning Considerations for Married Couples

New York does not allow portability of the state estate tax exclusion. Under the federal system, a surviving spouse can elect to use the deceased spouse’s unused exemption. Under New York law, the unused portion of the first spouse’s $7,350,000 exclusion is simply lost.

This makes trust-based planning essential for married couples in Westchester County. A credit shelter trust (bypass trust) preserves the first spouse’s exclusion by placing assets up to the exclusion amount in a trust at the first death. The surviving spouse can receive income and, in appropriate circumstances, principal from the trust. At the surviving spouse’s death, the trust assets pass to the next generation free of New York estate tax.

Without credit shelter trust planning, a married couple with a combined estate of $14,000,000 could waste $7,350,000 of available exclusion, resulting in hundreds of thousands of dollars in avoidable tax.

Probate and Estate Administration

When a Westchester County resident dies, the estate is administered through the Westchester County Surrogate’s Court in White Plains. If the decedent left a will, the executor files a probate petition under SCPA Article 14. If there is no will, a distributee files for letters of administration under SCPA Article 10.

The Surrogate’s Court supervises the process: validating the will, issuing letters to the fiduciary, resolving disputes, approving accountings, and authorizing distributions.

Probate in Westchester typically takes six to twelve months for uncontested estates. More complex estates, or those involving real property sales, contested proceedings, or estate tax audits, may take longer.

For a step-by-step guide, see Probate in Westchester County: A Step-by-Step Guide.

Small Estates

Not every estate requires full court administration. Under SCPA Article 13, if a decedent’s personal property (excluding property set aside for the surviving spouse and children under EPTL 5-3.1) has a gross value of $50,000 or less, the estate qualifies as a “small estate.” A voluntary administrator can settle the estate without formal court proceedings.

Small estate administration is faster, less expensive, and far less burdensome than full probate or administration. It is available only for personal property; real property cannot pass through the small estate procedure.

For more detail, see Small Estate Administration in New York.

Guardianship

If you have minor children, your will is where you nominate a guardian. Without a nomination, the court makes this decision based on the best interests of the child, which may or may not align with your wishes.

For adults who become incapacitated without having executed a power of attorney and health care proxy, the alternative is a guardianship proceeding under Mental Hygiene Law Article 81. These proceedings are initiated in Supreme Court (not Surrogate’s Court), require notice to the alleged incapacitated person, and often involve court-appointed evaluators and attorneys. They are expensive, adversarial by nature, and public. Proper estate planning avoids this entirely.

When to Update Your Estate Plan

An estate plan is not a one-time event. Plans should be reviewed and potentially updated after any of the following: marriage or divorce, the birth or adoption of a child, a significant change in assets (particularly if the change moves the estate closer to or further from the New York estate tax exclusion), a move to or from New York, the death or incapacity of a named executor, trustee, agent, or guardian, or a change in the law.

New York’s estate tax exclusion is adjusted annually for inflation. The tax rates, the cliff threshold, and the interplay with federal law all evolve. A plan that was appropriate five years ago may not be appropriate today.

Getting Started

Every estate plan begins with a clear understanding of three things: what you own, who you want to receive it, and who you trust to manage the process. From that foundation, an estate planning attorney can recommend the right combination of documents and strategies for your family’s circumstances.

Speak with a Westchester Estate Planning Attorney

If you have questions about estate planning, probate, or Surrogate's Court matters in Westchester County, we can help you understand your options.

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