Corey & Jennifer WashingtonWashington George Volandes PLLC

Just Moved to New York? Is Your Estate Plan Still Good?

A will properly signed in another state is generally still valid in New York. But New York has its own estate tax, its own forms and its own court process, so a move is a good time for a review.

Your will

Check whom you named and whether the will fits New York's Surrogate's Court process. Signing formalities can differ, which can affect how smoothly a will is admitted to probate.

Estate tax

This is often the biggest change. If you came from a state with no estate tax, you may now have an exposure you never planned for. For 2026, New York's exclusion is $7,350,000, and the exclusion is gone above $7,717,500. New York also has no portability between spouses.

Try the New York estate tax calculator

Your health care documents

New York uses a health care proxy to name your agent. If you have a living will or a form from another state, make sure the two work together.

Your power of attorney

New York has its own statutory power of attorney form, and banks here know it well. An out-of-state document may get extra questions.

Your spouse

A surviving spouse in New York generally has a right of election to one-third of the net estate, or $50,000 if that is greater. If your plan left your spouse less, review it.

Your people

Revisit your executor, trustee, guardian and health care agent. The right person when you lived nearby may not be the right person now.

See how we help New York families

General information as of 2026, not legal advice. Laws change, and your situation may differ.

Talk it through with an attorney.

Tell us about your family, your property and what you want to protect. We will explain your options and quote a fixed fee before any work begins.

Corey A. Washington, Esq.Admitted in New York and Georgia
Jennifer Washington, Esq.Admitted in New York and Georgia
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