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Probate here in Nassau County can be expensive and time-consuming, so it's natural to ask how to avoid probate for your assets. New York law does offer several reliable paths forward. more How to Avoid Probate in Nassau County: 5 Ways to Go About It There are several things you can do to get your assets passed directly instead of moving through the full Surrogate's Court process. Each method has its own requirements and trade-offs, though, so the right combination depends on the types of property involved and the goals you have for control and privacy. Always talk to a lawyer to get specific advice. Revocable Living Trusts A revocable living trust is a legal arrangement you create while alive. You transfer ownership of assets into the trust and usually name yourself as trustee. This gives you complete control to use the property, sell it, or change the trust terms at any time; but when you pass away, the successor trustee you named steps in and distributes the trust assets according to your instructions. Because the trust is the owner of the assets, not you or your estate, those assets do not enter the probate process. Pour-Over Will Many people sign a pour-over will when they set up a trust. This just directs that any assets still in your individual name at your death are to be bequeathed to the trust. This keeps most property out of court while providing a safety net for anything you might have overlooked while setting up the trust. Joint Ownership with Rights of Survivorship This is a popular option for married couples. Setting up your ownership this way allows the surviving owner to receive the full title automatically upon the other owner's death. This structure works for some bank accounts, brokerage accounts, vehicles, and real estate, too. You just need to make sure these are all set up the right way. Beneficiary Designations on Financial Assets Many accounts and policies let you name a beneficiary directly with the financial institution or insurance company managing the account. Life insurance proceeds, retirement plans such as IRAs and 401(k)s, bank accounts with payable-on-death forms, and brokerage accounts with transfer-on-death registrations all pass straight to the named person or persons upon proof of death. These transfers happen outside probate. The key here, however, is remembering to keep the designations current as life changes. Transfer on Death Deeds for Real Property New York law lets property owners record a transfer-on-death deed for real estate. You keep full ownership and control during your lifetime and can revoke or change the deed by recording a new one or by selling the property, but, upon your death, the named beneficiaries receive title without any need to go through probate for that specific parcel of land or house. Talk to Us to Learn All the Options in Nassau County These are just five general options. There are more, and what's best for your estate depends on the specifics. Contact DeCandido & Azachi in Forest Hills, NY today to get strategic advice on your estate planning. We also serve clients in Plano, TX.

ATTORNEY ADVERTISING: This blog post constitutes attorney advertising under New York Rules of Professional Conduct. By DeCandido & Azachi, PLLC — New York Estate Planning Attorneys Estate planning. Most people hear the term and instantly picture complicated legal documents or billion‑dollar families battling over inheritances. But the truth is simple: estate planning is about clarity and protecting the people who matter most. Whether you’re in a Manhattan loft, a Queens co‑op, or a Brooklyn brownstone, estate planning gives your family peace of mind. more What is Estate Planning? Estate planning is the process of deciding what happens to your assets, who handles things if you can’t, and how to protect the people and causes you care most about. Think of it as future‑proofing your life. Why Estate Planning Matters — Especially In New York New York has unique laws, a complex probate system, and its own estate tax separate from federal estate tax. A strong estate plan helps you: avoid family conflict; save your loved ones time and expense in Surrogate's Court; minimize or eliminate New York estate tax; protect minor children, unmarried partners, and aging parents; and ensure your wishes are honored rather than leaving decisions to the state's intestacy laws. The Cornestones Of A New York Estate Plan 1. Last Will & Testament — Your Will lays out who gets what, who’s in charge, and who raises your minor children. 2. Trusts — Trusts help avoid probate, protect inheritances, reduce taxes, and maintain privacy. 3. Power of Attorney — Allows someone you trust to manage your finances if you're unable. 4. Health Care Proxy & Living Will — A Health Care Proxy designates someone to make medical decisions on your behalf if you cannot communicate. A Living Will (also called an Advance Directive) specifies your wishes regarding life-sustaining treatment. Together, these documents ensure your medical wishes are honored and relieve your family from making agonizing decisions during a crisis. 5. New York Probate Process — With smart planning, you can streamline or even avoid probate entirely. New York's Estate Tax New York’s estate tax cliff can make your entire estate taxable if you exceed the exemption by even a small amount. As of 2026, the New York estate tax exemption is $7,160,000 (indexed annually for inflation). If your estate exceeds 105% of this exemption ($7,518,000 for 2026), the entire estate becomes subject to New York estate tax, not just the amount over the threshold. Proper planning can help minimize or avoid this tax burden. Who Needs An Estate Plan? Everyone—parents, homeowners, business owners, pet owners, and anyone who wants clarity. FAQ 1. Do I need an estate plan if I don’t have many assets? Yes. Estate planning is about control, not wealth. 2. What happens if I die without a Will in New York? The state decides who receives your assets. Your wishes are not considered. 3. Can a trust help me avoid probate? Yes. A properly funded trust can avoid New York probate entirely. 4. How often should I update my plan? Every 3–5 years or after major life events. 5. Are electronic wills legal? Not yet. On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law, but the Act does not take effect until June 10, 2027. Once effective, it will be codified as EPTL § 3-6.1 et seq. Electronic wills must meet strict requirements including use of tamper-evident technology, proper witnessing procedures (witnesses may sign physically or electronically within 30 days), and mandatory filing with the New York State Unified Court System within 30 days of execution—failure to file renders the electronic will invalid. Due to the complexity and evolving nature of this area, we recommend consulting with an attorney before creating an electronic will. Let's Protect Your Legacy Together At DeCandido & Azachi, PLLC, we help New Yorkers build clear, compassionate estate plans. Click here to Schedule a consultation or call us at 347-808-5746 to get started today!

Once a will has been filed with the probate court, it can be contested by any interested party. Whether you are trying to move an estate smoothly through probate, need to contest a will, or are trying to plan your estate to avoid this issue, speaking with a Forest Hills, NY probate attorney will give you peace of mind and the answers you need. more Can a Will Be Contested in Probate Court? The short answer here is: yes, if you have grounds and are eligible. Who Can Legally Challenge a Will in New York? The law only allows those with "standing" to challenge a will, and you only have standing if you are "an interested party." An interested party is anyone who would be affected financially by the will. Those with standing are anyone who would inherit from the deceased if there was no will, and all named beneficiaries, including any who were named in a previous will, even if they are excluded from the current one. Those who would inherit if there were no will are normally a spouse and children but can also be parents, siblings, or nieces and nephews if no spouse or children survive the testator. What Grounds Will the Court Accept for a Challenge? The court will not even hear a challenge unless you can present specific grounds that it recognizes as valid. The first is lack of testamentary capacity, which is essentially arguing that the person who made the will was not competent to do so. A person who makes a will must understand that they are making a will, know what property they have and how much, recognize who would be their natural, expected inheritors (even if they intend to exclude them), and must understand what the will is saying. Another challenge that the court will accept is undue influence. This challenge asserts that someone put pressure on the testator so that they did something they otherwise would not have. Usually when this challenge is brought, it's because there was a person very close to the testator in the months or years leading up to their death who would not normally be expected to inherit but is now coming into a large disbursement. If it can be shown that this person used their position of trust or authority over the testator, this could render the will invalid. This can happen when a testator is dependent, vulnerable, or suffering from a lack of mental capacity. Of course, a will can be fraudulent. If the signatures were forged, or if it can be shown that someone lied to the testator about what they were signing, then the will is not valid. And finally, the will must have been executed following all New York laws. Talk to a Forest Hills, NY Probate Attorney If you need help with probate or want to plan your estate to minimize probate issues, call us now at DeCandido & Azachi in Forest Hills, NY at 347-808-5746 for a free consultation. We also serve clients in Plano, TX.