Understanding Inheritance Law

A will is a legal document that directs how your property will be distributed after death. Under New York law, a valid will must be signed by the testator in the presence of at least two witnesses who also sign the document. The testator must have testamentary capacity, meaning they understand the nature of making a will, the extent of their property, and who their family members are. Holographic wills, which are handwritten and not witnessed, are generally not recognized in New York unless they meet specific requirements.

When a person dies without a valid will, New York intestacy laws determine how their estate is distributed. The surviving spouse typically receives a significant portion of the estate, with remaining assets passing to children, parents, or other relatives in a statutory order of priority. New York General Obligations Law § 5-1.1 and related statutes specify the exact distribution scheme based on family relationships and the size of the estate.

To initiate probate in New York, the executor must file a petition with the Surrogate's Court in the county where the deceased resided. The petition must include the original will, a certified death certificate, and information about the estate's value and beneficiaries. The court will schedule a hearing to determine whether the will is valid and whether the petitioner is qualified to serve as executor. Once the court approves the will, it issues letters testamentary, which authorize the executor to act on behalf of the estate.

During estate administration, the executor must identify all estate assets, obtain appraisals for real property and personal items of significant value, and establish a comprehensive inventory. Creditors have a statutory period, typically four months from the date letters are issued, to file claims against the estate. The executor must review and either approve or contest these claims. Debt inheritance issues often arise during this phase, as the executor must determine which debts are valid and how they will be paid from estate assets.

New York recognizes various trust types, each serving different purposes within an inheritance law framework. A living trust allows the grantor to transfer assets and retain management control during their lifetime, with assets passing directly to beneficiaries upon death without probate. A testamentary trust is created by a will and comes into existence only after the testator's death. Irrevocable trusts remove assets from the grantor's taxable estate, potentially reducing federal estate taxes. The following table summarizes key trust characteristics:

Federal estate taxes apply to estates exceeding the current exemption threshold, which changes annually. New York also imposes its own estate tax on estates above a certain value. Strategic use of inheritance law tools, such as annual gift exclusions, spousal lifetime access trusts, and charitable giving strategies, can minimize tax liability. Inheritance law professionals work with tax advisors to implement these strategies effectively and ensure compliance with Internal Revenue Code provisions.

A will contest in New York must be filed within specific time limits and must allege grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. The challenger bears the burden of proving their allegations by clear and convincing evidence. Courts examine evidence regarding the testator's mental state at the time the will was executed, the circumstances surrounding its creation, and any suspicious conduct by those who benefited from the will. Successful challenges can result in the will being declared invalid, leading to intestate succession or enforcement of a prior will.