New York Estate Planning Drafting Software for Attorneys

EPTL 3-2.1 requires a New York will to be signed at the end, published to the witnesses, and attested by at least two witnesses. Statular's will, pour-over will, and codicil templates are built around these formalities. They can include a self-proving affidavit for the attesting witnesses, so the will can ordinarily be proved in Surrogate's Court without live witness testimony.

New York's financial power of attorney follows the statutory short form in General Obligations Law Title 15. Statular drafts the § 5-1513 form, including the Caution to the Principal, the Modifications section, and the Certain Gift Transactions section that authorizes gifts above the statutory default. It also includes the witness and agent acknowledgment pages. A long-form power of attorney can be added when the client needs broader drafting.

Statular drafts the New York Health Care Proxy under Public Health Law Article 29-C, with articles for the agent's authority, living will instructions, and anatomical gifts under Article 43. An optional dementia directive is also available. The execution page follows the two-adult-witness requirement of § 2981, which bars the appointed agent from serving as a witness.

Under EPTL 7-1.17, a lifetime trust must be in writing and either acknowledged in recordable form or signed before two witnesses. If the creator is not the sole trustee, at least one trustee must also sign. Statular's revocable trust templates support notary acknowledgment, witness attestation, or both, and they include the trustee's acceptance.

Under EPTL 5-1.1-A, a surviving spouse's elective share is the greater of $50,000 (or the entire net estate, if smaller) or one-third of the net estate. That net estate includes testamentary substitutes such as revocable trust assets. Statular's New York joint trust includes provisions that address the right of election, treating the survivor's interests under the trust as being in lieu of an election.

1. Intake with New York-specific prompts

Collect client biographical data, family information, fiduciary appointments, real property details (including county, section, and lot), and the asset information needed for trust funding. Attorneys can send a client questionnaire or complete the interview directly.

2. Trust, will, and powers drafting

Draft individual or joint revocable living trusts, pour-over wills with optional SCPA 1406 self-proving affidavits, statutory short form powers of attorney under GOL § 5-1513, and health care proxies under Public Health Law Article 29-C. Every draft is ready for attorney review.

3. Deed and transfer tax forms

Prepare bargain and sale, quitclaim, warranty, and transfer on death deeds for trust funding. Outside the ACRIS counties, Statular includes the TP-584, TP-584.1, and RP-5217 forms with the deed. Form IT-2663 is added when a grantor is a nonresident.

4. Funding documents and certifications

Generate certifications of trust, assignments of personal property, declarations of trust, bank and brokerage change-of-title letters, and beneficiary designation change letters to move assets into the trust.

5. Attorney review and execution package

Review the complete document set and finalize the drafts. Then produce execution-ready packages with witness pages, notary acknowledgments, and signing guidance for the client meeting.

The testator signs at the end of the will and declares it to be their will in front of at least two attesting witnesses, who sign as well. Statular's attestation clause and witness pages are drafted around these requirements.

The attesting witnesses' affidavit recites the facts of execution. This ordinarily lets the will be proved in Surrogate's Court without the witnesses appearing to testify. The affidavit is available for wills and codicils.

The General Obligations Law form, including the Caution to the Principal, the Modifications section, and the Certain Gift Transactions section for gifts above the statutory default. It also includes the principal's acknowledgment, the signatures of two witnesses, and the agent's signed and acknowledged acceptance.

Appointment of a health care agent and alternate under Public Health Law Article 29-C, signed in the presence of two adult witnesses. The person appointed as agent may not serve as a witness.

A revocable trust must be signed and acknowledged in recordable form, or signed before two witnesses. Unless the creator is the sole trustee, a trustee signs as well. Statular's templates support notary, witness, or combined execution.

A surviving spouse may elect the greater of $50,000 (or the entire net estate, if smaller) or one-third of the net estate, which includes testamentary substitutes such as revocable trust assets. The joint trust addresses how the survivor's interests count toward the election.

New York permits revocable transfer on death deeds for real property. The deed takes effect only if it is recorded before the owner's death. Statular drafts the deed with the statutory notice to the owner.

The OCFS-4940 form lets a parent designate a person in parental relationship who can make decisions for a child under General Obligations Law Title 15-A. It is available in the powers of attorney packages.

Article 13 of the SCPA covers estates with personal property of $50,000 or less, which can be settled by a voluntary administrator without full court administration. Statular includes the supplemental SE-1c renunciation and SE-3b amended affidavit forms used in that process.

New York imposes its own estate tax with a cliff. If the New York taxable estate exceeds 105% of the basic exclusion amount, the exclusion is lost entirely. Statular's joint trust supports bypass and disclaimer trust structures for planning around this threshold.