Posted on January 22nd, 2026.

Estate planning in New York has never been simple, and 2026 is no exception.

Property values are high, families are often spread across multiple states, and laws around taxes, digital assets, and decision-making authority continue to evolve. In that environment, “I’ll get to it someday” is a risky strategy.

A clear estate plan does more than direct who gets what. It reduces confusion, keeps loved ones out of avoidable court disputes, and gives you a say in medical and financial decisions if you cannot speak for yourself. The process can feel technical, but when you break it into a few focused steps, it becomes far more manageable.

These five key steps are a practical roadmap for New Yorkers who want a plan that works in 2026 and can adapt as life changes.

Step 1: Take Stock of Your 2026 Life and Priorities

Before you sign anything, it helps to know exactly what you are planning for. A quick, honest snapshot of your current situation makes every later decision easier and more precise.

Start with the basics:

• Your assets: real estate, bank and brokerage accounts, retirement plans, life insurance, business interests, and valuable personal property
• Your obligations: mortgages, business loans, personal debts, and ongoing financial commitments
• Your people: spouse or partner, children (including from prior relationships), parents, siblings, and anyone else you wish to include

Then, identify your main goals. Common ones include:

• Providing financial stability for a surviving spouse or partner
• Protecting minor children and naming the people you trust most to raise them
• Supporting a child or relative with special needs
• Keeping certain assets in the family, like a home or business
• Leaving a gift to a charity or cause that matters to you

This step does not require precise valuations or perfect answers. A working list and clear priorities are enough to guide your choices about wills, trusts, and other tools. For New Yorkers in 2026, this clarity is fundamental, because it shapes how you respond to estate tax thresholds, probate concerns, and modern assets like online accounts and cryptocurrency.

Step 2: Create or Update Your New York Last Will

For most New Yorkers, a properly drafted last will and testament remains a core estate planning document. Even if you later add a trust, your will still plays a central role.

A New York will can:

• Direct who inherits your property and in what proportions
• Name an executor to manage your estate through the Surrogate’s Court
• Appoint guardians for minor children
• Address personal items with sentimental value

If you die without a will, New York’s intestacy laws determine who receives your assets. The result may be very different from what you would have chosen, especially in blended families or situations involving unmarried partners.

Key points for a 2026 New York will:

• It must be signed by you and witnessed by at least two people who are not beneficiaries.
• You should clearly identify your beneficiaries and backup beneficiaries.
• If you have minor children, guardianship provisions are essential.
• Your executor should be someone organized, trustworthy, and able to handle court procedures.

A will is not static. You should review and, if necessary, update it when life changes significantly: marriage, divorce, the birth or adoption of a child, a major move, the purchase or sale of real estate, or the death of someone named in your documents. Changes in New York or federal law, including estate or income tax rules, are another reason to schedule a review.

Step 3: Decide Whether a Revocable Living Trust Belongs in Your Plan

In New York, one of the most important decisions beyond a will is whether to use a revocable living trust. A trust is not necessary for everyone, but it can offer meaningful advantages in the right circumstances.

A revocable living trust can:

• Allow assets titled in the trust to pass outside of probate
• Provide more privacy, since trust administration is not a public court process
• Offer continuity if you become incapacitated, because your successor trustee can manage trust assets without a separate guardianship proceeding
• Simplify administration if you own property in more than one state

However, it does require:

• Upfront effort and legal guidance to draft the trust
• Retitling of assets into the name of the trust (often the step people overlook)
• Ongoing attention to ensure new assets are properly integrated

A traditional will remains simpler and generally less expensive to set up initially, but it means your estate will go through probate. In New York, probate can be time-consuming and public, which raises concerns for some families.

Factors that lean in favor of using a revocable living trust include:

• Owning multiple properties, especially in more than one state
• Wanting to minimize probate delays and publicity
• Concern about future incapacity and a desire for smooth management without court involvement
• Complex beneficiary arrangements or a high likelihood of disputes

Many New Yorkers end up with a blended approach: a revocable living trust for major assets, plus a “pour-over” will to capture anything not already in the trust and guardianship provisions for minor children. An estate planning attorney can help you decide whether a trust adds real value or simply adds complexity in your particular situation.

Step 4: Name Trusted Decision-Makers for Finances and Health

Estate planning is not limited to what happens after death. In 2026, a complete plan for New Yorkers must also address who can act for you if you are alive but unable to manage your affairs.

Three documents are especially important:

• Durable Power of Attorney (POA): This authorizes a trusted agent to handle financial and legal matters, such as paying bills, managing investments, and dealing with real estate. New York has specific statutory language and execution requirements, so it is important that your POA is current and properly prepared.
• Health Care Proxy: This designates someone to make medical decisions if you cannot. The person you choose should understand your values, be comfortable talking to doctors, and be able to handle difficult conversations with family members.
• Living Will and HIPAA Authorization: A living will can express your preferences about life-sustaining treatment and end-of-life care. HIPAA authorizations allow designated individuals to access your medical information so they can talk openly with your healthcare team.

When choosing your agents, prioritize:

• Good judgment and reliability
• The ability to remain calm under pressure
• A clear understanding of your wishes
• Practical considerations such as location and availability

You can name backup agents in case your first choice is unable or unwilling to serve when needed. Reviewing these designations periodically is just as important as reviewing your will; relationships and circumstances change, and the person who made sense five years ago may not be the best choice today.

Step 5: Plan for Digital Assets and Keep Your Estate Plan Current

The final key step is making sure your estate plan reflects the way life actually works in 2026, which means addressing digital assets and building in a habit of periodic review.

Digital assets can include:

• Online banking and investment accounts
• Cryptocurrency and digital wallets
• Email, cloud storage, and subscription services
• Social media accounts, websites, and online businesses

If you do not plan for these, your executor or trustee may not know they exist, may be unable to access them, or may inadvertently violate terms of service. A practical digital asset plan usually involves:

• An up-to-date inventory of important accounts and where access information is stored (kept securely, not written directly into the will)
• Clear guidance in your estate planning documents about how these assets should be handled
• Sometimes, a designated person to work alongside your executor on digital matters

Equally important is the commitment to keep your entire plan current. A well-designed estate plan should evolve as your life and the law evolve. A reasonable review schedule might look like this:

• A thorough review every three to five years
• An earlier review when major life events occur (marriage, divorce, birth, death, sale or purchase of a significant asset, change in residence)
• Check-ins when New York or federal law changes in ways that affect estate or tax planning

During these reviews, you and your attorney can confirm that your will, any trusts, beneficiary designations on retirement accounts and insurance, and your POA and health care documents all still work together and reflect your actual wishes.

Related: Protecting Your Assets: How to Avoid Probate in NY

Bringing Your New York Estate Plan Together in 2026

When you focus on these five steps—clarifying your situation, putting a New York-compliant will in place, deciding on a living trust, naming decision-makers, and protecting modern assets while keeping everything up to date—you move from vague worry to a concrete, workable estate plan.

At Mattei Law PLLC, we help New Yorkers turn complex estate planning questions into clear, tailored solutions. We work with you to understand your family, your assets, and your goals, then design wills, trusts, powers of attorney, health care documents, and digital asset plans that fit both your life and New York’s legal landscape in 2026.

Whether you're fine-tuning existing arrangements or just starting, we simplify these processes into as few as two meetings, ensuring your wishes are secured swiftly and efficiently. 

Feel free to reach us at (800) 586-1080 or email us directly at [email protected] to discuss your unique estate needs. Together, let's build a future that truly mirrors your aspirations.